Updated June 2023
Toasty is the ultimate solution for anyone who wants to give a thoughtful gift without the hassle of guessing what the recipient might like.
Our platform offers easy-to-use gift cards that let the recipient choose what they wish to receive. With Toasty, it's never been easier to give the perfect gift!
Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (“TOS”) and the linked Privacy Policy. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. You may only use certain portions of the Site if you are a Toasty registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.
These Terms of Use (the “Terms”) set forth the terms and conditions that govern access to, and use of, the websites and Toasty mobile applications (TBD) made available by WINCUBE INC (“Toasty,” “we,” “us,” or “our”) that enable a user to purchase, send or manage gift cards and receive the other services from Toastyas described herein (collectively, the “Services”). These Terms are a legal agreement between you (“you,” or “your”) and Toasty.
Your use of the Service is subject to the terms and conditions set forth in this Terms of Use (hereinafter referred to as the “Terms”).
PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF USE.
We may, in our sole discretion, modify the Terms of Use by posting a notice on the Terms of Use page. The “Last Updated” date at the top the Terms of Use indicates when the latest modifications were made to the Terms. By continuing to access and use the Service You agree to any such modifications. Therefore, You are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review these Terms of Use periodically and to check the “Last Updated” date at the top of the Terms of Use for the most recent version. In addition, when using services or features on the Site, You will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into this Terms of Use.
The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.
The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.
Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Terms of Use. Please review our Privacy Policy carefully. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.
The Service is meant for those at least eighteen (18) or the age of majority where you reside, whichever is younger. Use of the Service by anyone under this age is a violation of these Terms.
The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us, our affiliates, merchants, and other content providers. By using the Site and thus accepting these Terms of Use: (a) Toasty grants you a limited, non transferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and pursuant to any additional terms and policies set forth by Toasty; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of Toasty.
Intellectual Property Rights
You acknowledge and agree that the Site may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Toasty, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Site. In connection with your use of the Site, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith are the property of Toasty, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Toasty.
The Toasty’s name and logos are trademarks and service marks of Toasty(collectively the “Toasty Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Toasty. Nothing in these Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ToastyTrademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of ToastyTrademarks will insure to our exclusive benefit.
Toasty respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Toasty of your infringement claim in accordance with the procedure set forth below.
Toasty will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Toasty’s Copyright Agent at support@toastycard.com.
To be effective, the notification must be in writing and contain the following information:
If you believe your User Content, which has been removed (or to which access has been disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Toasty will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, Toasty has adopted a policy of terminating, in appropriate circumstances and at Toasty’s sole discretion, users who are deemed to be repeat infringers. Toasty may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Software (defined above) available in connection with the Site and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Site, including as it concerns online conduct and acceptable content.
In the event we include links via the Service to third-party operators and/or websites (hereinafter referred to as “Third Party Provider''), including advertisements, which may include products, goods, services or information offered therein, these links are provided only as a convenience. If you click through using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party Provider. You agree that the Company Parties will not be responsible or liable for any content, products, goods, services or information provided or made available by a Third-Party Provider, including related websites, or for your use or inability to use the services of a Third-Party Provider.
You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Provider websites linked from our Site, might contain material or information:
We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, which appear on any Third-Party Provider website or in advertisements or content that a Third-Party Provider may have listed or offered on our Site.
Your interactions with a Third-Party Provider found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third-Party Provider, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as may be stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Thirty-Party Provider.
All purchased gift cards may be used in accordance with the terms and conditions specified by the merchant (brand, vendor, supplier) or other party who has issued the gift card. The Recipient’s ability to access and use the Gift Card may have an expiration date. If you have any questions or concerns about your order, please contact support@toastycard.com.
Subject to this section, the Terms herein will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms.
Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases.
The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your information. You may terminate your use of the Company Service at any time.
You expressly acknowledge, represent, warrant, and agree that you understand:
The information contained herein is for informational purposes only and is not intended nor should be construed as advice or recommendations and are not guaranteed to produce results.
Company does not warrant or guarantee the suitability or availability of any materials or Content, including without limitation any, data, products, or services, found through the Service.
Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products, or services found through the Service.
You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all information you provide to us is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service Users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You expressly understand and agree that:
Your use of the Service is at your sole risk. The Service and the associated materials and content are provided on an “as is” and “as available” basis. The Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the company Service will meet your expectations or needs; and (v) any errors in the Service will be corrected.
The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Company and you. The products, information and services offered on and through the Service would not be provided to you without such limitations.
The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with or relating to the actions and activities of any third-party contractors and suppliers of services we may engage to provide services to you.
Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to Company via the Service, if any, for Services provided solely and directly by Company to you during the three (3) months since the cause of action arose.
You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred or it will be permanently barred.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Toasty Choice Cards must be redeemed toward the purchase of eligible Retailer Gift Cards available at the time of redemption at the Toasty website or any of our affiliated websites, subject to change at our sole discretion.
Purchases are deducted from the Toasty Choice Card balance. Any unused balance will remain on the applicable Toasty Choice Card.
If an order exceeds the amount of the Toasty Choice Card, the balance must be paid with a credit card or other available payment method. To view Toasty Choice Card balances, login to Toasty and view "My Balance".
The risk of loss and title for Toasty Choice Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable.
We are not responsible if a Toasty Choice Card is lost, stolen, destroyed or used without your permission.
Retailers Gift Cards offered at Toasty are subject to change, and availability of Gift Cards for any Retailer cannot be guaranteed.
Toasty does not assume responsibility or liability for the actions, products, locations or content of any current, former, or future Retailers on the Site.
All Retailer Gift Cards purchased at Toasty may be redeemed at the store or website of such merchant (where applicable), subject to that Retailer's terms and conditions.
Retailers and available denominations of the Retailer Gift Cards and locations of the Retailers are also subject to change.
Toasty Choice Cards are not redeemable for cash, may not be returned, credited or exchanged, and may not be used on the website or in the stores of any of the Retailers displayed on the site.
Redemption of Retailer Gift Cards is subject to the limitations and rules set by the respective Retailers and
such Retailer Gift Cards may not be available for use and redemption by individuals located outside of those areas defined in the Retailer's limitations and rules. See Retailer terms and conditions located at the Retailer site for more details.
TOASTY MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO TOASTY CHOICE CARDS, INCLUDING WITHOUT LIMITATION,
ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN THE EVENT AN TOASTY CHOICE CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH TOASTY CHOICE CARD.
LAWS OF CERTAIN GOVERNING JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Client and Toasty may establish an account pre funded by Client (“Prefund Account”), and the Parties may also fund specific promotions which includes the face value of the Rewards and any associated Service fees (each a “Campaign”) to offer and purchase Rewards for Recipients. When a Client places an order in a Campaign, Toasty will allocate the specific funds (“Campaign Funds”) to the Rewards associated with the specific Campaign until the Rewards have been claimed by Recipients. If a Recipient claims a Campaign Reward, the Campaign Funds will be debited consistent with the price of the Reward and any applicable Toasty Service fees. This debited amount is non-refundable regardless of whether the Recipient uses the Reward to make purchases. If the Reward offer expires, the Campaign Funds allocated for the Reward based on the option that the customer chose– less any applicable Toasty fees – will be refunded to Client’s account balance and can be used to fund future orders. If Client cancels a Reward prior to offering it to a Recipient, 100% of the Campaign Funds allocated for the Reward including any applicable Toasty fees will be refunded to Client’s account balance.
Upon termination for any reason, Toasty will promptly return any account balance to Customer less any outstanding fees owed to Toasty.
No interest shall be paid or owed on funds in the Customer's Toasty account.
Customers may be assessed additional fees when paying by Credit Card. Toasty may limit the types of credit cards it accepts. Toasty may limit the amount that can be paid using a Credit Card.
We return 70% of unredeemed funds to your account upon expiration. Example: A recipient doesn’t use their $100 before it expires. That $100 is credited to your Toasty’s account, from which you’ll see the unclaimed-value fee of $30 deducted immediately after. This leaves a net total of $70 in unredeemed value credited back to your account. Clicking the 'Redeem' button on the gift card claim link provided by Toasty within the validity period shall be considered as redeemed.
Referral Program Terms And Conditions
Toasty Referral Program (“Program”) has been created to reward you, our loyal Customers, (“you,” “Partner,” “Referrer,” “Participant”) for doing what you would already do – recommending us to your peers who sign on to be Toasty customers (“Referred,” “Participant”). These Program Terms and Conditions are a binding agreement between you and Toasty and will govern your participation in any and all Program offers. You are not authorized to participate in the Program, if you do not agree to these Program Terms and Conditions in their entirety. Toasty reserves the right to modify these Program Terms and Conditions at any time, at its sole discretion, and without notice to you. Toasty may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice. Toasty also reserves the right to disqualify any customers or prospective customers at any time from participation in the Program.
Qualified Referrals.
A Qualified Referral occurs when:
Pricing and availability of all products for sale displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services.
We offer a variety of gift cards and gift codes (collectively, “Gift Cards”) for purchase via our websites. All Gift Cards are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. The total/aggregate amount that you may load on one or multiple Gift Cards in a single day should not exceed $10,000; however, this limit may be changed according to internal regulations and approval procedures. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order. After purchasing a Gift Card, these Terms will no longer apply and you (or the recipient of the Gift Card) must activate the Gift Card by following the instructions provided by the Vendor, defined below. The Gift Card will only function upon such activation. Activated Gift Cards may be available within seconds; however, additional time may be required for certain activations. If your Gift Card has not been activated within 30 minutes, please contact us at support@toastycard.com
Security; no refunds, transfers, or exchanges
Please store your Toasty Choice e-mail or notification securely. You are solely responsible for the security of your Toasty Choice reward once it has been delivered to you. The link contained in your Toasty Choice e-mail or notification is the only way to access or re-access your Reward Catalog and claim your Reward. Toasty will not replace any used Toasty Choice reward or used value, even if it was lost, stolen, used without your permission, or your device was hacked. You may not transfer, sell, share, or exchange your Toasty Choice reward. Toasty Choice rewards are non-reloadable, may not be combined, and are not redeemable for cash, except where required by law. Once you’ve redeemed your Toasty Choice reward for a specific Reward, your choice is final.
To prevent misuse and theft, Toasty may use a security enhancement that requires you to copy and paste a code delivered to your e-mail into a new landing page to receive the gift card credentials that can be redeemed for value with a designated merchant.
Your contract for the purchase of products is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete.
Companies may make available various payment processing methods to facilitate the purchase of the Service. You must abide by any relevant terms and conditions or other legal agreements with third party payment processors, which govern your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, the Company or the payment processor may charge your bank or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any service fees). You are solely responsible for all amounts payable associated with purchases you make via the Service.
All purchases made on the Site are final. Purchased Gift Cards are non-returnable and non-refundable, provided; however, if a Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card purchase amount or replace the defective Gift Card with an alternative Gift Card or with products or services of equal value for the same Gift Card vendor.
By entering a Promotion, you agree to be bound by these terms of use along with any other Specific Rules which relate to a Promotion. Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular Promotion, and might be published on our or our promotion partners' website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to these terms of use.
If you fail to claim the rewards within the time-limit or fail to comply with any other instructions or time-limits notified to you or provide us with incorrect or fraudulent information, you will forfeit your right to the rewards.
All promotional rewards are non-refundable, non-transferable, non-returnable, and no cash alternative is available.
These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to agreements made and to be performed in the State of Delaware. Any legal suit, action or proceeding arising out of or based upon these Terms or the transactions contemplated hereby (“Related Proceedings”) may only be instituted in the state or federal courts of the State of Delaware (collectively, the “Specified Courts”), and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of any process, summons, notice, or document by mail to such Party’s address shall be effective service of process for any suit, action or other proceeding brought in any such court. The Parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or other proceeding in the Specified Courts and irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such suit, action or other proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THESE TERMS IS LITIGATED OR HEARD IN ANY COURT.
Governing Law: Arbitration Governing Law and Dispute Resolution. .This Agreement shall be governed by the laws and regulations in the State of New York, U.S.A in every particular including formation and interpretation and shall be deemed to have been made in the State of New York, U.S.A. This Agreement shall be governed by, and construed exclusively in accordance with the laws of the State of New York, U.S.A.
All disputes shall be finally settled under the Rules of Arbitration of International Court of Arbitration of the International Chamber of Commerce (ICC) in New York City. The arbitral tribunal shall consist of a sole arbitrator selected by agreement of the parties. Failing such agreement within thirty (30) days after the filing of the demand for arbitration, the sole arbitrator shall be appointed by the Arbitration Center and shall be a person fluent in the English language, having substantial experience and recognized expertise in the field or fields of the matter(s) in dispute. Any arbitration proceedings hereunder, including the rendering of the award, shall take place in New York City, New York, and the language of such proceedings (including written submissions of the parties) shall be English. The arbitral tribunal shall state the reasons for its award. The award of the arbitral tribunal shall be final. The prevailing Party shall be entitled to recover from the losing Party, the prevailing Party's attorneys' fees and costs, with respect to any Dispute arising out of, or in connection with, this Agreement.
You agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Service or these Terms. You also agree not to seek to combine any action or arbitration related to the Service or these Terms with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.
Company is and shall remain an independent contractor of User and nothing contained in these Terms shall be deemed to create an employer/employee, principal/agent, partnership, or joint venture relationship between the Parties. These Terms constitute the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter hereof; these Terms supersedes any and all other agreements, either oral or in writing (including any interim agreements executed by the parties), between the parties hereto with respect to the subject matter hereof. No change or modification of these Terms shall be valid unless the same be in writing and signed by both Parties, respectively. All notices and other communications hereunder shall be in writing and shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation, or four (4) business days following such notice being sent, if mailed by registered or registered, postage prepaid, to the other Party at the addresses as last reported to the other Party. Neither party will have the right to assign, pledge or transfer all or any part of these Terms without the prior written consent of the other. If any provision of these Terms is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from these Terms and the remainder of these Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms. Those provisions of these Terms which by their nature should survive termination, and all accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of these Terms for any reason. No delay or omission by either party to exercise any right or power it has under these Terms shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neutral gender. These Terms shall insure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in these Terms, express or implied, is intended to confer upon any party other than the Parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided in these Terms. Each Party shall use all reasonable efforts to take all actions necessary or desirable to consummate and make effective the transactions these Terms contemplate or to evidence or carry out the intent and purposes of these Terms.
If you have any comments or questions regarding these Terms or wish to report any violation of these Terms, you may contact us at [support@toastycard.com].
