The LUKOIL Gift Card Terms and Conditions
LUKOIL North America, LLC ("LNA" or "Issuer", "we", "us", or "our") are pleased to offer our valued customers the opportunity to acquire LUKOIL Gift Cards ("Gift Cards") at physical locations. The following LUKOIL Gift Card Terms and Conditions provide important information regarding the use of LUKOIL Gift Cards. These Terms and Conditions are an agreement between the issuer, LNA, and the Gift Card Holder ("you").
READ THESE TERMS CAREFULLY BEFORE PURCHASING AND/OR REDEEMING THE LUKOIL GIFT CARD. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR OBLIGATIONS, LEGAL RIGHTS AND REMEDIES.
1. DEFINITIONS
For your convenience, this section provides terms used in this document:
1.1 LUKOIL North America, LLC ("LNA") – a Delaware limited liability company, with its principal place of business located at 302 Harper Drive, Suite 303, Moorestown, NJ 08057.
1.2 Gift Card Holder – the individual who has purchased and/or lawfully received and is using or attempting to use The LUKOIL Gift Card accepts and agrees to having read and understood these Terms and Conditions.
2. VALIDITY AND REDEMPTION
2.1 LNA offers Gift Cards that can be purchased at participating LUKOIL locations in the United States of America.
2.2 Purchased Gift Cards can be redeemed for goods and services at participating LUKOIL locations in the United States of America, except as prohibited by law. Service and prices may vary by location.
2.3 Gift Cards are not redeemable for cash or allowable for cash withdrawal(s), except as required by law. Any unused balance on a Gift Card cannot be credited or returned to the original method of payment.
2.4 Gift Cards cannot be redeemable for the purpose of purchasing another Gift Card or be used towards the payment for previously purchased goods or services.
2.5 At the time of purchase and activation each Gift Card is limited to a minimum value of $25.00 and a maximum value of $250. The purchase and sale of LUKOIL Gift Cards are final and non-refundable.
2.6 If the purchase value exceeds the amount of the Gift Card, the remaining balance must be paid by an alternate form of payment.
3. EXPIRATION AND DEACTIVATION
3.1 Gift Cards shall have no expiration date.
3.2 LNA reserves the right to deactivate, suspend, or cancel a Gift Card in the event of either (i) suspected fraud, (ii) unlawful activity, or (iii) improper use.
4. LOST OR STOLEN GIFT CARDS
4.1 In the event that a Gift Card is lost, stolen, damaged, or expired, LNA shall not be held responsible. The value of this card will not be replaced if the card is lost, stolen, damaged, altered, or used without permission. The onus is on the Gift Card Holder to protect and treat Gift Cards as cash.
5. BALANCE INQURIES
5.1 For a balance inquiry, visit a participating LUKOIL location or go to www.lukoilgiftcards.com. In most circumstances, the balance is immediately adjusted when a purchase with the Gift Card is made, however, there may be occasions where the adjustment is delayed.
6. RELOADING GIFT CARDS
6.1 Gift Cards cannot be reloaded.
7. MODIFICATIONS TO TERMS AND CONDITIONS
7.1 The Gift Card Holder acknowledges and agrees that LNA may, in its sole discretion, change or modify the Terms (including any instructions, policies or guidelines referenced herein) at any time, in any manner, and without any further notice to Gift Card Holder. All such changes, modifications, additions, or deletions shall be binding upon the Gift Card Holder when made. Gift Card Holder may not amend or modify these Terms under any circumstances.
8. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
8.1 All graphics, marks, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of LNA and are protected by applicable law including, copyright, trademark, patent, and/or trade-secret law. Neither title nor any intellectual property rights are transferred to Gift Card Holder, but rather remain with LNA or the relevant third party which owns full and complete title to the LNA Gift Cards and LNA Materials. LNA reserves all rights not expressly granted to Gift Card Holder and, except as provided in the Terms, the rights granted herein are non-transferable and do not include any intellectual property rights. In addition, LUKOIL and certain other trademarks, and services marks (collectively, "LNA Marks") are marks of LNA and its affiliates.
8.2 Any unauthorized commercial use violates LNA's intellectual property rights. LNA may seek all remedies available to them under law and in equity including, injunctive relief in the form of specific performance to enforce the Terms, any additional instructions, guidelines, or policies issued by LNA, and/or an action for damages.
9. INDEMNIFICATION
9.1 Gift Card Holder shall indemnify and hold harmless LUKOIL North America LLC ("LNA"), its parents, subsidiaries, affiliated and related companies, together with the officers, directors, agents, employees, successors and assigns of said companies, owners, lessors, tenants and subtenants of the property or properties where the Gift Card was purchased (collectively, the "LNA Indemnitees") on demand, from and against any and all fines, penalties, liabilities, losses, expenses, costs and other damages of any kind whatsoever (including reasonable attorneys' and experts' fees and court costs), incurred by any of the LNA Indemnitees arising out of or relating to your use of the LUKOIL Gift Card (including all services provided in connection therewith), or your violation of the Terms. If directed by LNA, you shall defend the LNA Indemnitees against all claims (1) that any information, data or other materials provided by you in connection with your use of a LNA Gift Card or the Terms, or use thereof by any of the LNA Indemnitees, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party; (2) arising from fraud, intentional misconduct, criminal acts or gross negligence committed by you; and (3) otherwise arising due to a failure by you to comply with any term or condition of the Terms including, any additional instructions, guidelines, or policies issued by LNA.
10. PROCEDURE FOR MAKING CLAIMS
10.1 No action arising out of, in connection with, or relating to the Terms or the subject of the Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except with the written consent of both parties. All statutes or provisions of law that would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.
10.2 BY ACCEPTING THE TERMS, YOU AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. TERMINATION
11.1 LNA may discontinue, suspend, or modify the Terms and Conditions of the LNA Gift Card at any time without notice for any reason in LNA's sole discretion. You are hereby notified that upon termination, all rights and obligations of the parties hereunder shall expire, except those rights and obligations specified in Sections 8, 9, 10, 11, 13.
12. GOVERNING LAW, JURISDICTION, AND VENUE
12.1 The Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to applicable conflict of laws principles. Gift Card Holder agrees that the exclusive venue of any action, suit, counterclaim, or cross claim arising under, out of, or in connection with the Terms shall be the courts of New Jersey. LNA retains the right to bring actions or proceedings against you for breach of the Terms in your country of residence or other relevant country.
13. CORRESPONDENCE AND CONTACT INFORMATION
13.1 To the extent permitted under applicable law, any written correspondence you send to us will not be effective until we receive and have had a reasonable opportunity to act on such correspondence. However, any written correspondence we send to you will be considered received by you within three (3) calendar days from the date when we mail the correspondence to you at your address as it appears on our records.
13.2 For any questions or comments, please send your questions to pjhelpdesk@lukoilusa.com.
14. WAIVER AND SEVERABILITY
14.1 No waiver by LNA of any term or condition set forth herein shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LNA to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
14.2 If any provision of the Terms is held to be invalid, void, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remainder of the provisions will continue in full force and effect.
15. ENTIRE AGREEMENT
15.1 The Terms and any additional instructions, guidelines or policies issued by LNA constitute the entire agreement of the parties with regard to the User's use of the LUKOIL Gift Cards, and all matters addressed herein, and all prior and contemporaneous agreements, letters, proposals, discussions, and other documents regarding the LUKOIL Gift Cards and the matters herein are superseded and merged into the Terms.