GIFT CARD TERMS AND CONDITIONS

Updated on 2/17/17

The following terms and conditions (the "Agreement") apply to any Omni Hotels & Resorts gift card issued by OHGC, LLC (as indicated on the back of the card) originally purchased by you or someone on your behalf (the "Card"). Cards are issued by OHGC, LLC (referred to hereinafter as either "Omni", we", "us" or "our"). Cards purchased online through www.omnihotels.com (“Omni’s Site”) are sold and distributed by Buyatab Online Inc. (“Buyatab”), a Canadian corporation. Although Buyatab is the channel through which the Cards are sold, this Agreement governing the obligation, ownership, use and redemption of such Cards is between you and Omni. By purchasing a Card, accepting and retaining a Card, or using a Card, you agree to these terms and conditions. We further reserve the right to change, amend or terminate the format, elements, and terms and conditions of the Card program at any time with or without notice in our sole discretion. You agree to such changed or amended terms and conditions after they have been posted to Omni’s Site.

1. Use of the Card. The Card may only be used at Omni operated hotels and outlets within the United States. If you attempt to use the Card at a non-participating location, your purchase will be declined. The Card is not a credit card and cannot be used as one.

2. Returns & Redemptions. All sales of Cards are final. You may not return, cancel or redeem for cash any Card after it is purchased, unless otherwise required by law. Use of the Card is limited to the amount of funds held on the Card. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card. If you make a purchase and there are insufficient funds held on the Card to cover that purchase, you must pay the difference by an acceptable alternative payment method, i.e., credit card, debit card, check, or cash. The Card may not be redeemed for cash except where required by law.

3. Restrictions. Resale of this Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.

4. No Expiration Date/Service Charges. The Card carries no expiration date, service charges or dormancy fees.

5. Customer Service & Balance Requests. If you need assistance with the purchase of a Card through Omni’s Site, please contact Buyatab’s customer support at 1-855-907-3198. Please have on hand your six-digit reference number, or be ready to provide your email address. The balance on any Card may also be obtained at any participating Omni location upon request. Card must be presented to obtain balance. Balance inquiry may also be established by calling Omni at (855) 476-8130 or for purchases through Omni’s Site by calling Buyatab’s customer support at 1-855-907-3198.

6. Promotional Cards. These terms and conditions do not apply to gift cards or other stored value cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program ("Promotional Cards"). Promotional Cards may have expiration dates to the extent permitted by applicable law.

7. Purchasing. In order to purchase a Card through Omni’s Site you will need to provide certain information, including credit card and related payment and billing information. Buyatab or Omni 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.

8. Delivery Information. All orders of Cards purchased through Omni’s Site are subject to a process that compares information provided by you with information provided by your financial institution. If there is a discrepancy, your 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 Omni or Buyatab. If the date on which you want your Card delivered has passed and you have not received confirmation that the Card was sent, please contact Buyatab’s customer support at 1-855-907-3198. Please refer to your six- digit reference number, or be ready to provide your email address. Neither Buyatab nor Omni is responsible for 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.

9. Shipping for Plastic Cards. Orders for Plastic Cards placed through Omni’s Site before 1PM EST will be processed the same day and shipped according to the shipping option chosen. Orders placed through Omni’s Site after 1PM EST will be processed the following day and shipped according to the shipping option chosen. Orders for Plastic Cards placed on legal holidays will be processed the following business day and shipped according to the shipping option chosen.

10. Personalized Messages. If you wish to add a personalized message to a Card purchased through Omni’s Site, simply type your message in the ‘Message’ field on the Card preview. Personal messages are limited in length to the space provided on the Card. There is no additional charge to include a personalized message. If either Buyatab or Omni deems any message inappropriate, offensive or otherwise objectionable, the Card may be delayed, held or cancelled at the sole discretion of either Buyatab or Omni.

11. Lost or Stolen Cards. If you suspect that a Card purchased through Omni’s Site has been copied, stolen or compromised in any way, please contact Buyatab’s customer support at 1-855-907-3198. In this event, a Card will not be replaced if lost or stolen without your confirmation. Subject to confirmation by Omni or Buyatab, the remaining balance on a compromised Card may be re-issued on a new Card. Cards have monetary value and should be protected accordingly. Ownership and risk of loss of Cards is transferred to the recipient of the Card immediately upon completion of processing of the order. Neither Buyatab nor Omni are responsible for lost or stolen Cards or the remaining balances on such Cards. If you have any questions, please consult Buyatab’s FAQs section at 1-855-907-3198.

12. Misuse of the Card. If we suspect any fraud or misuse in connection with a Card, we reserve the right in our discretion to suspend or terminate use of the Card. We may cancel the Card at any time, without notice.

13. Property Rights. The consideration paid for the Card, including any unredeemed balances, is the property of Omni.

14. Limitation of Liability. NEITHER OMNI, BUYATAB, NOR THEIR RESPECTIVE AFFILIATES MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OMNI’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD TO THE VERIFIED REMAING BALANCE OF SUCH CARD. BUYATAB SHALL BEAR NO LIABILITY FOR THE REPLACEMENT OF ANY 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.

15. Indemnification. You agree to indemnify and hold Omni, Buyatab, and their respective parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Omni Hotel’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

16. Governing Law/Arbitration. The laws of the State of Florida govern the Card and the terms and conditions of this Agreement, without regard to choice of law principles.

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) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement or the purchase or use of the Cards SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. The arbitration shall take place before one (1) neutral arbitrator in the city of the principal place of business of OHGC, LLC.

The arbitration will be limited solely to the dispute or controversy between you and OMNI. NEITHER YOU NOR OMNI 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. §§ 1-16. We will pay for the arbitrator’s fees if the total amount of such fees exceeds the filing fee for filing a claim in a small claims court.

Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction
17. Severability. If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.

18. Entire Agreement. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. For Card purchases through Omni’s Site, this Agreement incorporates the terms of use governing the use of Omni’s Site, available at https://www.omnihotels.com/terms-of-use (the “Terms of Use”), and in the event of any conflict between the Terms of Use and this Agreement, this Agreement shall govern.

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