- Gift Cards; Nomoontravel.com Balance; Redemption.Gift cards are issued by Square, Inc. (“Gift Cards”). Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Nomoon Travel Company (“Nomoon”) and its affiliates on www.nomoontravel.com, or certain of its affiliated properties, such as tulumyachts.com. Eligible goods and services are subject to change in our sole discretion. Redemption of Gift Cards at any affiliated property is subject to change in our sole discretion. If you redeem a Gift Card on nomoontravel.com, it may only be used toward the purchase of eligible goods and services on nomoontravel.com and any remaining Gift Card balance (“Balance”) may only be used for subsequent purchases on nomoontravel.com.
- Limitations.Your Balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or certain third-party gift cards. Gift Cards cannot be reloaded; resold; used for payment outside of www.nomoontravel.com or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, including to facilitate the resale or shipment of goods from Nomoontravel.com; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited. No portion of your Balance may be transferred to another account.
- Risk of Loss.The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from Nomoon or an authorized third party, and you are responsible for safeguarding your Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Nomoon is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
- Use of Balance or any Gift Card in Violation of these Terms and Conditions.By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Nomoon, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an account (or your Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
- Limitation of Liability.TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
- Disputes.Any dispute or claim relating in any way to Gift Cards or your Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Nomoon Balance Expiration.Gift Cards issued after May 20, 2020 does not expire.