Flite e-Gift Card Terms & Conditions
Last updated 16 June 2023
We encourage you to read these e-Gift Card Terms (Terms) before you place an order for, or use, an e-Gift Card.
1.1 These e-Gift Card Terms apply to e-Gift Cards (“e-Gift Cards”) issued by Fliteboard USA LLC (“Flite”, “us”, “our”, or “we”). Please familiarise yourself with these Terms before you place an order for, or use, an e-Gift Card.
1.2 By purchasing, redeeming or attempting to redeem an e-Gift Card, you accept and agree to be bound by, and comply with, these Terms.
1.3 e-Gift Cards can only be purchased from fliteboard.com and are valid for 5 years from the date of purchase, except to residents of California where your e-Gift Card has no expiry date.
1.5 e-Gift Cards are available only in denominations of $100, $250, $500, and $5,000 United States dollars and may be purchased using methods available at our checkout.
2.1 e-Gift Cards are only valid for purchases at fliteboard.com.
2.2 When you make a purchase with an e-Gift Card, we will reduce the remaining card value (being the portion of the initial value of the e-Gift Card that remains unspent at any time) by the value of all purchases of goods and services that are processed against the e-Gift Card.
2.3 Your e-Gift Card may only be used to make purchases up to the remaining card value. If you wish to make a purchase for an amount that exceeds the remaining card value, you must pay the excess using another payment method.
3. No cash advance or exchange
You cannot redeem your e-Gift Card, or exchange it, for cash.
4. Balance inquiries
For balance inquiries and to obtain information about e-Gift Cards, click on the unique link provided in the email containing your e-Gift Card, or check your Apple Wallet Flite e-Gift Card details, or contact support at firstname.lastname@example.org.
5. Your responsibility
5.1 Title and risk of loss for e-Gift Cards passes to you upon our first electronic transmission of the e-Gift Card to you or the designated recipient. You are responsible for safeguarding your e-Gift Card from unauthorised use. We are not responsible if any e-Gift Card is lost, stolen, destroyed, or used without your permission. We are not responsible for, and assume no liability to you for any unlawful conduct or fraud by any third party associated with any e-Gift Card.
6. Errors and complaints
6.1 If you have reason to believe that an error has occurred in relation to your e-Gift Card, you should contact us at email@example.com. You will be required to provide the e-Gift Card redemption information.
6.2 Subject to the law, any complaints about goods or services purchased with a e-Gift Card are governed by our Purchase Agreement.
7. Limitation of Liability, Disclaimer of Liabilities, Waiver And Indemnity
7.1 FLITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY NON-FUNCTIONALITY, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH E-GIFT CARD. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE LIMITED BY APPLICABLE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
7.2 BY USING AN E-GIFT CARD, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS, FLITE, AND FLITE’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS, WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF E-GIFT CARDS, OR ANY ACTION TAKEN BY FLITE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM FLITE, OR FLITE’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, WARN OR NOT WARN YOU, SUSPEND OR TERMINATE YOUR ACCESS TO E-GIFT CARDS OR YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FLITE'S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.
8. Privacy and your personal information
9. Changes to these Terms
9.1 To the extent permitted by law, we reserve the right to change any of these Terms at any time to the extent required:
(a) for systems, administrative or operational reasons to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
(b) to comply with any mandatory contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
(c) where we, acting reasonably, consider that it will not be to your detriment.
9.2 Such amendments will be effective as soon as they are posted on our website.
9.3 If you consider that you have suffered detriment from a change, we will refund the remaining card value. By continuing to use an e-Gift Card after these Terms have been amended, you agree to be bound by the changes.
9.4 We encourage you to periodically review these Terms, so you remain informed about the terms that govern the use of your e-Gift Card.
10. Force majeure
To the extent permitted by law, we will not be liable, nor be in default under these Terms, for failure to observe or perform any of our obligations under these Terms for any reason or cause which could not, with reasonable care, be controlled or prevented by us. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, epidemics and pandemics (including the Covid-19 virus) and other acts or omissions of third parties.
If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction only. The remainder of the Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
12. Governing law
These Terms are governed by the laws of New York and are to be interpreted and enforced in accordance with those laws. Each party submits to the non-exclusive jurisdiction of the courts of New York.
13. Contact us
For more information, contact us at firstname.lastname@example.org.