TERMS AND CONDITIONS (T&C’s)
AND FREQUENTLY ASKED QUESTIONS (FAQ’s)
FOR GIFT CARDS
FROM DCH AUTO GROUP TOYOTA DEALERSHIPS
These terms and conditions (“T&C’s”) govern your use of the any Gift Card issued by any Toyota, Lexus and/or Scion dealership that is part of the DCH AUTO Group (“Card”). By using a Card, you agreeing to the T&C’s. The terms "you" and "your" refer to the person who is using the Card. The terms "we," "our" and "us" refer to the DCH Auto Group dealership identified on the front of the Card.
We may change these T&C’s at any time and from time to time, including adding new terms, with or without notice, subject to applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with the Card, with or without notice, subject to applicable law. Any notice given by us shall be deemed given when such notice is posted on our web site. The most up-to-date T&C’s may always be found at
www.dchusa.com, and/or may be requested in writing from Corporate Marketing Department, DCH AUTO GROUP, 955 Route 9 North, South Amboy, New Jersey 08879 and/or may be requested by calling 1-877-DCHAUTO.
The Cards are not redeemable for cash, nor are they credit cards or debit cards.
Providing you with a substitute Card for any lost or stolen Card issued to you is in our sole and unreviewable discretion. Neither our failure to exercise any of our rights under these T&C’s, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under these T&C’s on one occasion, such waiver shall not operate as a waiver as to any other occasion.
During any conversations or correspondence regarding a Card issued to you, we may request that you provide the Card security code printed on the front or back of the Card, as well as additional identification information such as your name, address, home phone number, date of birth, zip code and/or the like. We may also obtain non-public, private information (“NPPI”) about you, including information (i) provided to us by the person to whom the Card was first issued (“First Party”), such as name and/or address, etc., (ii) provided by you and/or the First Party at the time of activation or during customer service calls, and (iii) about purchases made with the Card by you and/or the First Party, such as the date, the amount and the place of purchase. For purposes of fraud prevention and regulatory compliance, we may also obtain information from providers of identity verification data and demographic information. By accepting and/or using the Card you are consenting to our contacting you regarding the Card, your vehicle, and/or any other matter relating to any transactions between us, past, current and/or future, using any means of communication (electronically via emails, on Facebook, on Twitter, and/or in letters, flyers, advertisements, telephone calls, pre-recorded calls, and/or the like). If at any time you wish to unsubscribe and/or cease receiving any such communications from us, please notify us in writing to the address set forth above.
Only those persons who need it to perform their job responsibilities are authorized to have access to NPPI. We also maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard NPPI.
We will use NPPI (or “Cardholder Information”) to process Card transactions, provide customer service, process claims for lost or stolen Cards and help protect against fraud. We also use NPPI for marketing purposes and to conduct research and analysis. We may provide certain Cardholder Information to companies, including our affiliated companies that perform business operations or services, including marketing services, on our behalf. We may provide certain Cardholder Information to others outside of the DCH AUTO GROUP family of dealerships as permitted by law, such as to government entities or other third parties in response to subpoenas. We may develop marketing programs and send you additional offers for products and services. We do not share customer addresses with other companies for them to market their own products and services.
If you prefer not to receive offers, you may opt out by writing to us at the address set forth in the first paragraph above. If you opt out from receiving these offers, we may still send important information (including, without limitation, recall information) about the Card or our products and services to you.
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.
This Arbitration Provision sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court. As used in this Arbitration Provision, the term “Claim” shall mean and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to the Card or these T&C’s, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements (“Agreements”), including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card (including, but not limited to, 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. As used in 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 any third party using or providing any product, service or benefit in connection with the Card. 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 (the “Code”), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of either 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 arbitration administrator. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these T&C’s (including the “Continuation” provision below), and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (“FAA”), and 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. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator's sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within 30 days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant's written notice. The panel's majority vote decision shall be final and binding.
The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay 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. Waivers also may be available from the JAMS or AAA.
This Arbitration Provision shall survive termination of the Card, as well as voluntary payment in full of any shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the “Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these T&C’s or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
These T&C’s and the Card, and all questions about their legality, enforceability and interpretation, are governed by the laws of the state in which the dealership named on the front of the card is located (without regard to internal principles of conflicts of law). By using the Card you agree to be bound by these T&C’s.
FREQUENTLY ASKED QUESTIONS (FAQ’s)
Is the Card a debit card or credit card?
The Card is neither a credit card nor a debit card. It is a gift card with no cash value.
Is the Card ready to use immediately?
owever, the Cards will NOT be honored after the expiration date set forth on each Card (please always check the front & back of your Card).
How is the Card used to make purchases?
The Card can be used only at the dealership named on the front of the Card (the “Dealership”) and its value can be applied to any purchase prior to the expiration date on the Card at the Dealership (sales or service).
Does the Card expire?
Yes, at the close of business at the Dealership on the expiration date set forth on the front or back of the Card.
Should the card number be written down?
Where can the Card be used?
Only at the Dealership named on the front of the Card.
Are there any usage restrictions?
None other than those set forth on the front or back of the Card.
How is the balance on the Card calculated?
If the Card holder does not use the full value of the Card ($20), there is a space on the back of the Card for the Dealership to note the balance available on the Card.
Can the Card be used if its available balance
does not cover the total purchase price?
Yes. The balance noted on a Card by the Dealership will be applied toward the total purchase price, and the Cardholder may pay the difference by other means such as cash or a credit card.
Can the Card be used to make an internet
What if the Card is lost or stolen? If a Cardholder’s Card is
lost or stolen, the Dealership reserves the right to issue or not issue a new Card to the original Cardholder in its sole and unreviewable discretion, subject to the expiration date and any other applicable terms, conditions and restrictions applicable to the Card.