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Terms & Conditions for Amazon.ca Balance and Amazon.ca Gift Cards

Last updated: March 25, 2015

1. Redemption

Amazon.ca Gift Cards (Gift Cards) may only be redeemed toward the purchase of eligible goods and services at www.amazon.ca. Your Amazon.ca Balance displays the total remaining balance of all Gift Cards that have been applied to your Amazon.ca account but not yet applied to a purchase. We may refer to your Amazon.ca Balance as your Amazon Balance, Gift Card balance or GC Balance. Purchases are deducted from your Amazon.ca Balance. Any unused Amazon.ca Balance will remain associated with your Amazon.ca account. If a purchase exceeds your Amazon.ca Balance, the remaining amount must be paid with another payment method. Amazon.com.ca, Inc. or its affiliates (we, us, and our) may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. To view information regarding your Amazon.ca Balance, visit Your Account on Amazon.ca. No fees apply to Gift Cards.

2. Limitations

Neither your Amazon.ca Balance nor your Gift Card may be applied to the purchase of products at www.amazon.at, www.amazon.com.br, www.amazon.cn, www.amazon.com, www.amazon.de, www.amazon.es, www.amazon.fr, www.amazon.in, www.amazon.it, www.amazon.co.jp, www.amazon.com.mx, www.amazon.co.uk or any website other than the website(s) listed in Section 1 above. Your Amazon.ca Balance cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Amazon.ca Balance may be transferred to another Amazon.ca account.

3. Refunds

Items purchased with your Amazon.ca Balance that are returned for a refund are subject to our Refund Policy.

4. Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed, or your Amazon.ca Balance or any Gift Card is used without your permission.

5. Use of Amazon.ca Balance or any Gift Card in Violation of these Terms & Conditions

We will have the right to void Gift Cards or any other component of your Amazon.ca Balance, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied to an Amazon.ca account (or your Amazon.ca Balance is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these terms and conditions.

6. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR AMAZON.CA BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

7. Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to Gift Cards or your Amazon.ca Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAAs Supplementary Procedures for Consumer-Related Disputes. The AAAs rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAAs rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

8. General Terms

The Amazon.ca Conditions of Use apply. Gift Cards are issued by Amazon.com.ca, Inc., a Delaware corporation.

When you purchase, receive or apply a Gift Card to your account or your Amazon.ca Balance to a purchase, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Amazon.com.ca, Inc. and its affiliates related to your use of a Gift Card or your Amazon.ca Balance. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

For Quebec consumers: These terms and conditions and any dispute of any sort that might arise between you and Amazon.com.ca, Inc. and its affiliates related to your use of a Gift Card or your Amazon.ca Balance will be governed by the laws of the Province of Quebec and the laws of Canada applicable in Quebec.

9. Amazon.ca Balance Expiration

The portion of your Amazon.ca Balance made up of Gift Cards issued after June 1, 2008 does not expire and may be applied to your Amazon.ca account and applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of your Amazon.ca Balance made up of any Gift Cards issued after November 1, 2007 in Manitoba, or any Gift Cards issued after October 1, 2007 in Ontario. Gift Card expiration dates do not apply in any province solely to the extent prohibited or limited by law. All other Gift Cards issued prior to the dates referenced in this Section 9 and the portion of your Amazon.ca Balance made up of those Gift Cards expire in accordance with their stated terms.