Congratulations on your purchase or receipt of a Panda Restaurant Group Gift Card (the or your “Card”). The following Gift Card Agreement describes the terms and conditions that apply to the prepaid account of your Card. By using your Card, you agree to the terms of this agreement between you and Panda Restaurant Group, Inc., a California corporation, and its affiliates. Please keep a copy of this agreement for your records.
About Your Account
The Card is issued to you by Panda Restaurant Group, Inc. It allows you to load a dollar value on to your Card for future purchases at participating stores. The dollar value that you load onto your Card is a prepayment only for the goods and services of participating Panda Inn stores. No credit card, credit line, overdraft protection or deposit account is associated with the 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. No interest, dividends or any other earnings on funds deposited to your Card will accrue or be paid or credited to you by Panda Inn. The value associated with the Card is not insured by the Federal Deposit Insurance Corporation (FDIC), or any other governmental or quasi-governmental agency.
Most locations in the United States accept your Card. Certain Panda Inn-branded locations may not permit you to use the Card for payment, including some airport, grocery and university locations, or stores in Puerto Rico and those outside of the United States. We reserve the right not to accept the Card or otherwise limit use of the Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Loading Value on Your Card
In the United States, you can load a dollar value on the Card by using a credit card, debit card or cash by visiting any participating store. You may not load more than $500 worth of value to your Card. The minimum amount that must be loaded onto your Card is $10 at participating stores. Panda Inn may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call or on the Panda Inn web site, and such change shall not constitute an amendment to this agreement.
Fees and Expiration of Card Balances
Panda Inn does not charge any fees for the issuance, activation or use of your Card. Your Card has no expiration date.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Card account. You can check the balance of your Card by calling 1-888-532-7126 or review recent transactions on your Card by calling 1-800-877-8988. You will need to have your Card available in order to access your account. The account balance for a Card also will appear on your receipt from a point-of-sale register. When you use your Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Card and will provide the remaining balance of your Card. You should keep your receipts and check your online statement 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 call Guest Relations at 1-800-877-8988. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for Unauthorized Transactions
Because your Card is used like cash for purchases from Panda Inn, you are responsible for all transactions associated with your Card, including unauthorized transactions. If your Card is lost, stolen or destroyed, the Card cannot be replaced.
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Card, we will notify you of any change, addition or deletion by email. In addition, we will post the terms to the modified agreement on our website. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice, or (2) you use your Card after such notice period. If you do not accept the changes, additions or deletions, your Card will be cancelled and any amounts remaining on your Card will be refunded to you.
Cancellation of This Agreement
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Card account less any amounts that you may owe us.
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 (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) 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 our Guest Relations department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 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 1-800-778-7879) or online at adr.org. You and we 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 we agree otherwise, any arbitration will take place in Los Angeles, 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, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. 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.
Governing Law – California
This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules. Your Card is issued by Panda Restaurant Group, Inc., 1683 Walnut Grove Avenue, Rosemead, California 91770.
Disclaimers and Limits of Liability
Panda Inn and its affiliates make 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. Panda Inn does not represent or warrant that your Cards will always be accessible or accepted. In the event that Panda Inn or its affiliates are 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. Panda Inn and its affiliates 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 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 Panda Inn or its affiliates 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.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement, Construction
This agreement is the complete and exclusive statement of agreement between you and Panda Restaurant Group, Inc., 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 your Card, please visit our web site at Pandainn.com or call us at 1-800-877-8988.