PROMOTIONAL NEOVA ELECTRONIC STORE GIFT CARD
TERMS AND CONDITIONS
The following are your Promotional NEOVA Electronic Store Gift Card Terms and Conditions (the â€œAgreementâ€). Please read the following carefully and keep them for your records. In these Terms and Conditions "you" or "your" means the person who has received the NEOVA Electronic Gift Card; "we", "us" or "our" means PhotoMedex, Inc., Radiancy, Inc. or any member of the Corporate Group; "Promo Card" means the Promotional NEOVA Electronic Store Gift Card.
Card Program Privileges
By accepting and retaining the Promo Card or using the Promo Card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Promo Card program at any time without notice. The Promo Card and associated offers are void where prohibited by law. There are no fees associated with the acceptance or use of this Promo Card. PhotoMedex, Inc., along with its subsidiaries and affiliates, is the issuer of, and provides the funding for, the Promo Card.
The laws of Pennsylvania govern the Promo Card and the terms and conditions of this Agreement.
Using Your Card
The Promo Card is not a credit card and cannot be used as one. Use of the Promo Card is limited to the amount of funds associated with the Promo Card. You cannot increase the funds on the Promo Card. The Promo Card may only be used by customers in the 50 United States and the District of Columbia to make purchases of merchandise from Neova.com. The Promo Card is redeemable at Neova.com, 1-800-443-1266. The Promo Card may be used in conjunction with other acceptable forms of payment on Neova.com. Except as set forth herein, you agree that you shall not use the Promo Card elsewhere. If you attempt to use the Promo Card at a non-participating establishment, your purchase will be declined.
This Promo Card is intended for use as a gift to an individual. The Promo Card is not redeemable for cash. Resale of this Promo Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Funds cannot be used to purchase other NEOVA gift cards. Your right to use the funds on the Promo Card is a limited right, subject to the terms and conditions of the Agreement and applicable law.
You may only use the Promo Card when there is a balance remaining on the Card and only up to the amount left on the Card. The full amount of each purchase, including taxes, will be deducted from the funds held on the Promo Card, until the value reaches zero. You must know the amount available on your Card. You may check the balance remaining on your Promo Card by calling 1-800-443-1266. Any transaction attempted for more than the amount available on the Card will be declined. Therefore, if a transaction initiated by you exceeds the remaining balance on the Card, you must pay the balance of the transaction using another acceptable method of payment.
In the event of technical difficulties at the time of purchase using the Promo Card, please contact Customer Support at 1-800-443-1266. Records detailing the use of your Card are available by calling 1-800-443-1266. In case of errors or questions about transactions arising from the use of your Card, of if any records you see show transactions that you did not make, call 1-800-443-1266 immediately.
Using Multiple Cards
Neova.com will only accept a limited number of Promo Cards per purchase. Funds from Promo Cards cannot be merged with funds from any other Promo Cards or other Neova.com gift cards of any kind.
Please note that the Promo Card has an expiry or "valid thru" date. Your Promo Card's expiry or valid thru date can be found on the carrier to which the Promo Card was affixed, or by calling 1-800-443-1266. After that date, which is generally five years from the date the Promo Card is issued, the funds will expire, and the Promo Card will not be accepted by Neova.com. Invalid Promo Cards are not replaceable or redeemable.
You agree to use the Promo Card only for legitimate purchases of merchandise through Neova.com and not for the purpose of obtaining cash from an establishment. You may not return merchandise or cancel services obtained with the Promo Card for a cash refund. Credits for returns accepted by Neova.com will be allocated back to the Promo Card.
Lost or Stolen Promo Card or Unauthorized Transactions
You are responsible for safeguarding your Promo Card from unauthorized use. Except where required by applicable law, Promo Cards cannot be redeemed for cash or replaced if lost or stolen.
Misuse of the Card
If we suspect misuse of the Promo Card, it may be suspended or terminated. We may cancel the Promo Card at any time, without notice. The Promo Card is the property of PhotoMedex, Inc.
Notice of Data Protection and Privacy
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND PHOTOMEDEX. INC. arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), PhotoMedexâ€™s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between you and PhotoMedex. NEITHER YOU NOR PHOTOMEDEX SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. PhotoMedex will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if you prevail on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.