Cactus Club Gift Cards
Cactus Club Cafe offers the best in global cuisine using local, fresh ingredients served in a vibrant, contemporary setting. Our service is attentive, warm and unpretentious. Our people are passionate about delivering food and experiences that will keep our guests coming back again and again.
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|Terms and Conditions
IMPORTANT: ALL USERS MUST READ AND AGREE WITH THESE TERMS AND CONDITIONS
The Merchant (the "Merchant") Gift Cards are sold and distributed by Buyatab Online Inc. ("Buyatab"), a Canadian corporation. Although Buyatab is the channel through which such Gift Cards are sold, the contract governing the obligation, ownership, use and redemption of Gift Cards is between you and the Merchant. By accessing this site, and by purchasing a Gift Card on this site, you agree to be bound by the legal terms and conditions governing the sale and use of Gift Cards as defined by the Merchant and under the laws relevant to the jurisdiction of the Merchant, without regard to principles of conflict of laws. The Merchant reserves the right to revise these Legal Terms and Conditions at any time.
All sales are final. You may not return, cancel or redeem for cash any Gift Card after it is purchased, unless otherwise stated by law.
Lost or Stolen Gift Cards
If you suspect that a gift card has been copied, stolen or compromised in any way, please contact Buyatab’s Customer Support. In this event, Gift Cards will not be replaced if lost or stolen without your confirmation. Subject to confirmation by the Merchant or Buyatab, the remaining balance on a compromised Gift Card may be re-issued on a new Gift Card. Gift Cards have monetary value and should be protected accordingly.
Risk of Loss
Ownership and risk of loss of Gift Cards is transferred to the recipient of the Gift Card immediately upon completion of processing of the order. Neither Buyatab nor the Merchant are responsible for lost or stolen Gift Cards or the remaining balances on such Gift Cards. If you have any questions, please consult the FAQs section.
Gift Card Customer Service
If you need assistance with the purchase of your Gift Card, please contact Buyatab’s Customer Support. Please have on hand your six-digit reference number, or be ready to provide your email address.
Unless otherwise stated by law, the Gift Cards have no expiration date and no maintenance fees.
In order to purchase a Gift Card you will need to provide certain information, including credit card and related payment and billing information. Buyatab or the Merchant may request further information to validate the transaction. In the act of providing such information, you warrant that all information provided is both current and accurate.
All orders of Gift Cards are subject to a process that compares information provided by you with information provided by your financial institution. If there is a discrepancy, your Gift Card order may be delayed or held until the information can be verified. If such information cannot be adequately verified such order may be cancelled at the discretion of the Merchant or Buyatab. If the date on which you want your Gift Card delivered has passed and you have not received
confirmation that the Gift Card was sent, please contact Buyatab’s Customer Support. Please refer to your six- digit reference number, or be ready to provide your email address. Neither Buyatab nor the Merchant is responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate email address or other relevant delivery information for the recipient.
If you wish to add a personalized message to a Gift Card, simply type your message in the ‘Message’ field on the Gift Card preview. Personal messages are limited in length to the space provided on the Gift Card. There is no additional charge to include a personalized message. If either Buyatab or the Merchant deems any message inappropriate, offensive or otherwise objectionable, the Gift Card may be delayed, held or cancelled at the sole discretion of either Buyatab or the Merchant.
Limitation of Liability
NEITHER THE MERCHANT, BUYATAB, OR THEIR RESPECTIVE AFFILIATES MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE MERCHANT’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD TO THE VERIFIED REMAING BALANCE OF SUCH GIFT CARD. BUYATAB SHALL BEAR NO LIABILITY FOR THE REPLACEMENT OF ANY GIFT CARD FOR ANY REASON WHATSOEVER. CERTAIN STATE / PROVINCE LAWS DO 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 MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT THE MERCHANT BECOMES INSOLVENT, MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, FILES A VOLUNTARY PETITION OF BANKRUPTCY, SUFFERS OR PERMITS THE APPOINTMENT OF A RECEIVER FOR ITS BUSINESS OR ASSETS, OR BECOMES SUBJECT TO ANY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING GIFT CARD BALANCES (AND REMAINING BALANCES ON SUCH CARDS) WILL BE REDEEMABLE ONLY AT THE DISCRETION OF AND TO THE EXTENT DEEMED APPROPRIATE BY THE MERCHANT’S TRUSTEES OR APPOINTED LIQUIDATORS. IRRESPECTIVE OF THE MERCHANT’S CIRCUMSTANCES OR THE CIRCUMSTANCES OF THE MERCHANT’S TRUSTEES OR OTHER APPOINTED REPRESENTATIVES, UNDER NO EVENT SHALL BUYATAB BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR THE VALUE OF ANY GIFT CARDS, THE OUTSTANDING BALANCES ON ANY GIFT CARDS OR REMAINING BALANCES ON ANY GIFT CARDS.
THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You agree to defend, indemnify and hold harmless the Merchant, Buyatab, their affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this site.
You may not use the trademarks, logos, service marks or other proprietary designations of the Merchant, Buyatab or their partners or affiliates without containing prior written consent.
Any dispute relating to the purchase of Gift Cards shall be adjudicated in the jurisdiction of the Merchant.