TACO BELL GIFT CARDS
The following Taco Bell Gift Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to use of Taco Bell Gift Cards that are purchased at Taco Bell restaurants or authorized third-party distributors and Taco Bell e-Gift Cards that are purchased through the Taco Bell mobile app (collectively, “Cards”). This Agreement is between you, the Cardholder, and GCTB, LLC, a Virginia limited liability company and an affiliate of Taco Bell Corp.. By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
1. About Your Card. Cards are issued by GCTB, LLC, a Virginia limited liability company. GCTB, LLC is the sole legal obligor to the cardholder. Taco Bell Corp., Yum! Brands, Inc. and their affiliates and franchisees (other than GCTB, LLC) bear no responsibility or liability for any Cards, and you hereby knowingly release Taco Bell Corp., Yum! Brands, Inc. and their affiliates and franchisees (other than GCTB, LLC) from any and all liability or claims of any nature whatsoever arising in connection with this Card. Cards can be purchased at participating Taco Bell restaurants, authorized third-party distributor or the Taco Bell mobile app. Cards are valid only if obtained from participating Taco Bell restaurants, authorized third-party distributors or the Taco Bell mobile app. Cards are not valid and will not be honored, and Taco Bell will not be liable, if obtained from unauthorized sellers, including through Internet auction sites.
2. Balance Inquiry. For balance inquiry go to TacoBell.com/gift-cards or call the number on the back of your Card. E-Gift Card balance is also available within the Taco Bell Mobile Ordering App. The balance you see when viewing Card balances online or over the telephone is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
3. Expiration. Cards do not expire. No fees for inactivity or service fees apply.
4. Redemption. Card is redeemable only for purchases of food and beverages at participating Taco Bell locations in the United States. It has no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Card. In States that require cash-out refunds of Cards, please go to TacoBell.com/gift-card and complete the cash-out process.
5. Lost, Stolen or Damaged Card. Protect your Card like cash. The unused value of lost, stolen, or damaged Cards as shown on our records can be replaced if proof of purchase is provided. To obtain a replacement Card: (1) call the number on the back of your Card and ask to speak to an operator to freeze your Card balance; and (2) go to TacoBell.com/gift-cards.
6. E-Gift Card
a. Gifting e-Cards. When using the e-gift functionality (if available), you are the “gift sender” and the individual person receiving the Taco Bell digital gift Card is the "gift recipient.” If you send a Taco Bell digital gift card using a text message, standard message rates will apply to both the gift sender and gift recipient. Taco Bell digital gift cards are valid only for purchase of Taco Bell products at participating US locations. By sending a Taco Bell digital gift card, you acknowledge and agree that the recipient will need to download the mobile application version of the Platform before the Taco Bell digital gift card can be redeemed. At any time prior to gift recipient’s claiming of the Taco Bell digital gift card, the gift sender can choose to send the Taco Bell digital gift card to a different email address or phone number. Gift sender is responsible for ensuring that the address of gift recipient is correct. GCTB, LLC is not responsible and has no liability for any Taco Bell digital gift card that is undeliverable, not received by gift recipient or claimed by someone other than gift recipient as a result of inaccurate information provided by gift sender. You may not return or cancel your Taco Bell digital card after it is received.
b. Automatic Reload. By configuring your Card for automatic reload, you acknowledge and agree that your associated credit card or debit card will automatically be charged in the amount selected by you when your Card balance reaches an amount previously specified by you. If your credit or debit card expires or is cancelled, your automatic reloads will fail until you update your account to provide valid credit or debit card information. If there are insufficient funds in the account linked to your debit card or an insufficient credit limit on your credit card, your automatic reloads will fail until there are sufficient funds or credit limit for the full reload amount. You can cancel automatic reloads at any time.
7. MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and GCTB, LLC agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or GCTB, LLC may take claims to small claims court if they qualify for hearing by such a court.
You and GCTB, LLC agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted.
You and GCTB, LLC agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Taco Bell Corporation, Yum! Brands, Inc. and their affiliates and franchisees.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and GCTB, LLC both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
B. ARBTIRATION PROCEDURES
Arbitration shall be conducted by JAMS Alternative Dispute Resolution (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at JAMSADR.COM or (800) 352-5267. To begin an arbitration proceeding, you must serve GCTB, LLC’s registered agent for service of process at CT Corporation System, 4701 Cox Road, Suite 285, Glen Allen, VA 23060. Payment of all filing, administration and arbitrator fees will be governed by JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and GCTB, LLC will pay all other administrative costs and fees. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in the county where Claimant resides and will be determined by a single arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
8. Limitation Of Liability. GCTB, LLC AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
9. Choice Of Law. The laws of the State of Virginia, without regard to principles of conflict of laws, apply to this Agreement and use of your Card.
10. Changes To Agreement. GCTB, LLC reserve the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at TacoBell.com/gift-cards.
11. Fraud. GCTB, LLC reserves the right to refuse to honor a Card obtained fraudulently.