Taubman

Taubman Gift Card Terms and Conditions

Taubman Mall Gift Card Cardholder Agreement - Terms and Conditions

The following terms and conditions govern your use of the Taubman Mall Gift Card ("Terms and Conditions"). By purchasing, signing or using the Taubman Mall Gift Card, you are agreeing to the Terms and Conditions. The terms "you" and "your" refer to the person who purchased the Taubman Mall Gift Card and/or the person who is using the Taubman Mall Gift Card. The terms "we," "our" and "us" refer to American Express Travel Related Services Company, Inc. The term "Taubman Gift Card" refers to the Taubman Mall Gift Card.

The Taubman Gift Card
The Taubman Gift Card is a prepaid payment device that, when purchased, can be loaded from $20 to $300. The purchase fee is $2.50. It is not a credit card, charge card or debit card. The Taubman Gift Card can be used solely at participating shops and restaurants that accept American Express and are located in Taubman shopping centers in the United States . It is not for use outside Taubman shopping centers or for online or mail order purchases. A location where the Taubman Gift Card can be used is referred to in these Terms and Conditions as a "Merchant." The Taubman Gift Card cannot be used at airline, cruise line, hotel, car rental, gasoline, telecom merchants, or at casinos or ATMs. The Taubman Gift Card cannot be returned, refunded, exchanged or redeemed for cash.

Service Fees
We encourage you to use your Taubman Gift Card soon! While you may leave Available Funds, as defined herein, on the Taubman Gift Card as long as you wish, starting in the thirteenth month after the date your Taubman Gift Card was purchased, and subject to applicable law, we will deduct a monthly service fee of $2.00 from your Available Funds. If you receive a replacement card for a lost or stolen Taubman Gift Card, the initial twelve (12) month period is still tracked from the date your original Taubman Gift Card was purchased.

Before Using the Taubman Gift Card
Before using your Taubman Gift Card, you must sign your signature on the back, where indicated. Write down the Taubman Gift Card number and the Customer Service number on a separate piece of paper in case the Taubman Gift Card is lost or stolen.

Information about Available Funds on the Taubman Gift Card
The value of the funds available on the Taubman Gift Card at any given time is referred to in these Terms and Conditions and on the back of your Taubman Gift Card as the "Available Funds." The Available Funds on the Taubman Gift Card at the time of purchase depends on the amount that was loaded on the Taubman Gift Card at the time of purchase and this amount should be indicated on the back of the Taubman Gift Card or the packaging. If it is not, please call the Customer Service Number, as referenced in the next paragraph, to confirm the amount initially loaded on your Taubman Gift Card. As you use the Taubman Gift Card, the Available Funds will be reduced by the full amount of each purchase including taxes, and any other fees. Once the Available Funds are depleted, the Taubman Gift Card is no longer valid and you agree (i) not to use the Taubman Gift Card and (ii) after you are sure that you do not intend to return any merchandise purchased with the Taubman Gift Card, to cut it in half and discard it.

You must keep track of the amount of Available Funds. To obtain your Available Funds balance or to request information about previous transactions, visit the customer service desk at any Taubman shopping center, visit www.giftcard.taubman.com or call toll free within the United States at 1-800-314-2363, which is the telephone number printed on the back of your Taubman Gift Card ("Customer Service Number"). Please note: Your Available Fund balance will reflect all authorization requests that have been submitted by Merchants. If you have a question about a transaction that has been posted to your Taubman Gift Card (e.g., the same transaction has been posted twice or for the incorrect amount), please notify us immediately, but no later than sixty (60) days from the date of the transaction, by calling the Customer Service Number.

"Valid Thru" Date - Available Funds Do Not Expire
While there is a "valid thru" date indicated on the back of the Taubman Gift Card, the Available Funds on the Taubman Gift Card do not expire. The "valid thru" date is simply required to ensure that the Taubman Gift Card can be used at Merchants that request and/or require customers to provide a plastic expiration date during the transaction process. You may not use the Taubman Gift Card after the "valid thru" date. If Available Funds remain on the Taubman Gift Card after the "valid thru" date, contact us at the Customer Service Number for instructions on how to obtain a replacement Taubman Gift Card or for instructions on how to redeem the Available Funds. We will issue you a replacement Taubman Gift Card free of charge if your "valid-thru" date expires.

Lost or Stolen Cards
You agree to safeguard the Taubman Gift Card and treat it like cash. If your Taubman Gift Card is lost, stolen or used improperly, contact us immediately at the Customer Service Number - 1-800-314-2363. You will be asked to provide the Taubman Gift Card number and other identifying details. We cannot provide a replacement card if you do not have your Taubman Gift Card number available. If our records show that there are still Available Funds remaining on the Taubman Gift Card, you may obtain a replacement card at any Taubman Mall Customer Service Center . We will cancel the Taubman Gift Card and provide you with a replacement card. The replacement card will be in the amount of Available Funds on your lost/stolen Taubman Gift Card at the time you notified us that it was lost/stolen. PLEASE SAFEGUARD YOUR GIFT CARD AND TELL US IMMEDIATELY IF THE GIFT CARD IS LOST OR STOLEN. NO REPLACEMENTS REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOST/STOLEN GIFT CARD BEFORE YOU NOTIFY US.

Using the Taubman Gift Card
To use the Taubman Gift Card at a Merchant, present the Taubman Gift Card at the time of payment and inform the merchant of the Available Funds. If the Available Funds are not sufficient to cover the entire transaction amount, a Split Tender Transaction will be required. See "Combining Forms of Payment/"Split Tender" Transactions section below. sSign the receipt with the same signature you used when you signed the back of the Taubman Gift Card. Retain the receipt as a record of the transaction. You agree to use the Taubman Gift Card only at Merchants and only for lawful purposes. You authorize us to deduct the full amount of each purchase including taxes and any other fees from the Available Funds whenever your Taubman Gift Card is used to make a purchase. You agree to keep track of the Available Funds on your Taubman Gift Card by using our website or the Customer Service Number and not to use the Taubman Gift Card for any purchase that exceeds the Available Funds. The Taubman Gift Card is not transferable and you agree not to permit any other person to use your Gift Card. If you believe your Taubman Gift Card has been lost or stolen, you agree to notify us immediately. See the section entitled "Lost or Stolen Cards." You acknowledge that purchases made with prepaid cards, such as the Taubman Gift Card, are similar to those made with cash or travelers cheques. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the Merchant.

Combining Forms of Payment/"Split Tender" Transactions
If you wish to use your Taubman Gift Card to purchase an item for more than the Available Funds, depending on the Merchant's policy, you may be able to use your Taubman Gift Card toward a portion of the final purchase price, and then use another form of payment to pay the balance of the final purchase price. This is called a "split tender" transaction because you would be splitting the final transaction amount between your Taubman Gift Card and another form of payment. Before you request a "split tender" transaction, please call Customer Service to check the balance of the Available Funds on your Taubman Gift Card. Then, you MUST ask the Merchant if two forms of payment will be accepted for the purchase you wish to make. If the Merchant agrees, first request that the Merchant place a specific dollar amount on the other form of payment (e.g., the final transaction amount less the balance of funds available on your Taubman Gift Card), and then use your Taubman Gift Card to pay the remaining balance. Some retailers, particularly department stores, will only allow a "split tender" transaction if the second form of payment is cash or check. We do not guarantee that the Merchant will accept two forms of payment, such as two Gift Cards.

Using Your Taubman Gift Card at Restaurants and Other "Tip" Oriented Merchants
When a restaurant or other "tip" oriented Merchant (e.g., spas, hair salons, etc.) requests approval from us to complete your transaction, the Merchant will often add a fixed percentage (approximately 20%) to the amount reflected on the bill presented to you prior to payment. This additional amount is meant to cover the tip that they expect you will add to the bill. As a result of this increased authorization request, if you have insufficient Available Funds on your Taubman Gift Card to cover the amount that the Merchant requested us to approve, your Taubman Gift Card may be declined. If you have more than sufficient Available Funds on your Taubman Gift Card to cover the amount that the Merchant requested us to approve, it may result in a "hold" on your Available Funds for the additional amount if you do not add the amount they expect. Once the Merchant sends us the final transaction amount you designate, we will remove the "hold" on your Available Funds for any additional amount exceeding the final transaction amount. This may take 3 to 7 days and during this period you will not be able to use any Available Funds in a "hold" position. As an illustration, if your meal, not including a tip, totaled $50 but the restaurant seeks approval from us for $60 (e.g., includes a $10 tip in the authorization request) and you choose to pay only the $50 for the meal with your Taubman Gift Card, leaving the tip in cash, then the additional $10 would be placed on "hold" until we receive a submission from the restaurant reflecting a final transaction amount of $50 on your Gift Card. TO AVOID A DECLINE OF, OR A HOLD ON, YOUR TAUBMAN GIFT CARD, YOU CAN ASK THE MERCHANT TO AUTHORIZE A SPECIFIC DOLLAR AMOUNT. WE DO NOT GUARANTEE THAT THE MERCHANT WILL FULFILL THIS REQUEST.

Transactions in Excess of Available Funds
If you attempt to use the Taubman Gift Card when there are insufficient Available Funds for the particular transaction (e.g., $100 purchase when the Gift Card only has $75 in Available Funds), and the Merchant does not fulfill a request to process a "split tender" transaction as described above, the transaction will usually be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Available Funds on the Taubman Gift Card (creating a negative amount on the Taubman Gift Card, referred to herein as a "Shortage"), you agree to reimburse us, upon request, for the amount of the Shortage. In addition, we reserve the right to charge you a Shortage fee of $15.00 per transaction every time your use of the Taubman Gift Card results in a Shortage.

Returning Merchandise / Voided Transactions
PLEASE BE AWARE OF THE MERCHANT'S RETURN POLICIES PRIOR TO COMPLETING THE TRANSACTION. If you wish to return any merchandise purchased with the Taubman Gift Card, you will be subject to the Merchant's return policies. If the Merchant agrees to issue a credit to the Taubman Gift Card, such funds may not be available for 3 to 7 days.

No Warranty Regarding Goods and Services
Neither we nor The Taubman Company are responsible or liable to you for the quality, safety, legality, or any other aspect of any goods or services purchased from any Merchant with your Taubman Gift Card. If you have a dispute with a Merchant, you agree to settle the dispute directly with the Merchant.

Refusal of Gift Card
Neither we nor The Taubman Company are responsible or liable to you if any Merchant refuses to honor the Taubman Gift Card or for any other problems you may have with any Merchant. If a Merchant fails to honor the Taubman Gift Card, please call the Customer Service Number to report the incident.

No Warranty of Availability or Uninterrupted Use
From time to time the Taubman Gift Card service may be inoperative, and when this happens, you may be unable to use your Taubman Gift Card or obtain information about your Available Funds. Please notify us if you have any problems using your Taubman Gift Card. You agree that neither we nor The Taubman Company are responsible for any interruption of service.

Changing these Terms and Conditions/Gift Card Cancellation
We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice, in accordance with applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Taubman Gift Card at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law. If we cancel your Taubman Gift Card, any Available Funds remaining on the Taubman Gift Card upon such cancellation, after payment for all applicable fees, will be returned to you. If the "valid thru" date on the Taubman Gift Card has not expired, we may condition reimbursement upon return of the Taubman Gift Card. The Taubman Gift Card is our property.

Assignment and Waiver
We may assign these Terms and Conditions to a third party at any time without notice to you. However, if we assign these Terms and Conditions, the terms will remain substantially and materially the same unless you are notified. In the event we reimburse you for a refund issue a replacement card for claim you have made for a lost or stolen Taubman Gift Card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Taubman Gift Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Taubman Gift Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Taubman Gift Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. Furthermore, if we waive any right under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.

Data Protection and Privacy
Information We Collect: As part of providing you with the Taubman Gift Card, we may obtain personal information ("Cardholder Information") about you, including (i) information provided to us by the Taubman Gift Card purchaser, such as your name and/or your address, (ii) information you give us at the time of activation, if required, and (iii) information about purchases you make with the Taubman Gift Card, such as the date, the amount and the place of purchase. In addition, for purposes of fraud prevention and regulatory compliance, we may obtain information from providers of identity verification data and demographic information.

Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

Disclosure: We may use Cardholder Information to process Taubman Gift Card transactions, to provide customer service, to process claims for lost or stolen Taubman Gift Cards, to develop marketing, to help protect against fraud, and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies, including our affiliated companies, which perform business operations or services, including marketing services, on our behalf. We may provide certain Cardholder Information to others outside of American Express as permitted by law, such as to government entities or other third parties in response to subpoenas.

Offers: We may develop marketing programs and send you offers for products and services that you may find of value. We do not share customer addresses with other companies for them to market their own products and services.

Choice: If you prefer not to receive offers, you may opt out by calling us in the US toll free at 1-800-722-8614. If you opt out from receiving these offers, we may still send important information about the Taubman Gift Card or other American Express products and services to you

Telephone Monitoring/Recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

Notices
Any notice given by us shall be deemed given when deposited in the United States mail, postage prepaid, addressed to you at the latest address shown on our records.

Arbitration
Purpose: This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Taubman Gift Card or these Terms and Conditions as well as any related or prior agreement that you may have had with us or the relationships resulting from these Terms and Conditions, including the validity, enforceability or scope of this Arbitration Provision or these Terms and Conditions. For purposes of this Arbitration Provision, "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of "Claims." "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Taubman Gift Card or these Terms and Conditions (including, but not limited to, third parties who accept the Taubman Gift Card, third parties who use, provide or participate in programs accessed with the Taubman Gift Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) your Taubman Gift Card; (b) the amount of Available Funds on the Taubman Gift Card; (c) advertisements, promotions or oral or written statements related to the Taubman Gift Card, goods or services purchased with the Taubman Gift Card; (d) any benefits and services related to the Taubman Gift Card; and (e) your application for or activation of the Taubman Gift Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: NAF at P.O. Box 50191 , Minneapolis , MN 55404 ; 1-800-474-23712; www.arbitration-forum.com; AAA at 335 Madison Avenue , New York , NY 10017 ; 1-800-778-7879; www.adr.org.

Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO HAVE THE CLAIM RESOLVED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF OR AAA, AS APPLICABLE. FURTHER, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis, or to be brought in a purported representative capacity on behalf of the general public, other Taubman Gift Card holders or other persons similarly situated. Claims may not be joined or consolidated in arbitration with Claims brought by other parties, unless otherwise agreed to in writing by all parties. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone.

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"). The arbitrator will apply the applicable code of procedures of the arbitration organization selected, as applicable to matters related to evidence and discovery, not federal or any state rules of civil procedure or rules of evidence, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable code of procedures. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such a request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its code of procedures and issue its decision within one hundred and twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the code of procedures of the arbitration organization selected, to the extent that such fees do not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the state or federal court closest to your residence that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees for any Claim you initiate as to which you or we seek arbitration. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us.

Continuation: This Arbitration Provision shall survive: (i) termination of your Card or any Additional Card, (ii) your voluntary payment in full of any Shortages, (iii) any legal proceeding we may bring to collect a debt you owe us, and (iv) any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement each of which shall be enforceable regardless of such invalidity.

Applicable Law
These Terms and Conditions and your Taubman Gift Card, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of New York, USA (without regard to internal principles of conflicts of law).

The Taubman Gift Card is issued by American Express Travel Related Services Company, Inc. B)2005 American Express Travel Related Services Company, Inc.