Wendy's Gift Card Terms and Conditions
Effective Date: October 31, 2016
- About Your Wendy’s Gift Card
- Balance Inquiry
- No Expiration/Fees
- No Refunds
- Lost, Damaged Or Stolen Wendy’s Gift Card
- No Resale
- Mandatory Binding Individual Arbitration
- Limitation of Liability
- Choice Of Law
- Changes To Agreement
- Language (Quebec only/Québec seulement)
- California Redemption Policy
1. About Your Wendy’s Gift Card.
Wendy’s Gift Cards are issued by U.S. Card Company for Gift Cards purchased in the U.S., and by Canadian Card Company for Gift Cards purchased in Canada. U.S. Card Company and Canadian Card Company are affiliates of Wendy’s that are authorized to issue Wendy’s Gift Cards for sale by and redemption at participating Wendy’s restaurants located in the United States and Canada, respectively. U.S. Card Company and Canadian Card Company are also responsible for the operation and maintenance of the Wendy’s Gift Card program in the United States and Canada, respectively. U.S. Card Company is the sole legal obligor to Cardholders who purchased Gift Cards in the U.S. and Canadian Card Company is the sole legal obligor to Cardholders who purchased Gift Cards in Canada. Wendy’s and its affiliates (other than Card Companies) and franchisees bear no responsibility or liability for any Wendy’s Gift Cards, and you hereby knowingly release Wendy’s and its affiliates (other than Card Companies) and franchisees from any and all liability or claims of any nature whatsoever arising in connection with the Gift Card. Wendy’s Gift Cards can be purchased or reloaded, using the Wendy’s Gift Card mobile app or at participating restaurant locations in the United States or Canada, excluding Promotional Gift Cards, which cannot be reloaded. The Gift Card is not a debit or credit card.
2. Balance Inquiry.
For balance inquiry, U.S. Cardholders please visit www.wendys.com/en-us/wendys-gift-cards/giftcards/check-card-balance, and Canadian Cardholders please visit www.wendys.com/en-ca and click the gift card link or call 1-888-624-8140. The balance you hear when inquiring 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. No Expiration/Fees.
Wendy’s Gift Cards, excluding Promotional Gift Cards, do not expire. No fees for inactivity or service fees apply. Promotinoal Gift Cards expire as of the date printed on the card.
Your Wendy’s Gift Card is redeemable only for purchases of food and beverages at participating Wendy’s locations in the United States or Canada. It has no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Wendy’s Gift Card. The Gift Card is also not redeemable for a check or credit, nor can it be applied as payment to any credit or other account. Gift Card balance will be adjusted by an amount that reflects the local currency where the Gift Card is being redeemed based on then current currency exchange rates, as assessed in Card Companies’ sole discretion.
5. No Refunds.
No refunds are permitted with respect to Wendy’s Gift Cards (except as required by law).
6. Lost, Damaged Or Stolen Wendy’s Gift Card.
Lost, damaged or stolen cards will not be replaced.
7. No Resale.
Your Wendy’s Gift Card may not be resold by any unauthorized vendor under penalty of law; unlawful resale or attempted resale is grounds for seizure and cancellation without compensation. We will not honor gift cards purchased through an unauthorized vendor, including any Internet auction sites.
8. MANDATORY BINDING INDIVIDUAL ARBITRATION.
(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to this Agreement, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to:
Wendy's International, LLC
One Dave Thomas Boulevard
Dublin, OH 43017
Attn: General Counsel, Legal Department
By Email: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, U.S. Card Company or Canadian Card Company (as applicable) and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or U.S. Card Company or Canadian Card Company (as applicable) to resolve the Section 8(b) Dispute on terms either you or us, in each of our sole discretions, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
9. Limitation Of Liability.
FOR SOME CONSUMERS (INCLUDING THOSE IN QUEBEC), CERTAIN OF THE FOLLOWING WARRANTY EXCLUSIONS DO NOT APPLY. CARD COMPANIES AND THEIR AFFILIATES MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL WITH RESPECT TO WENDY’S GIFT CARDS INCLUDING, WITHOUT LIMITATION (EXCEPT IN QUEBEC), ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE. IN THE EVENT THAT A WENDY’S GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS 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.
10. Choice of Law.
Except for consumers in Quebec, the laws of the State of Colorado, without regard to principles of conflict of laws, apply to this Agreement and use of your Wendy’s Gift Card. For consumers in Quebec, this Agreement is governed by the laws of the province of Quebec and the federal law of Canada applicable therein, without regard to conflicts of law principles.
11. Changes To Agreement.
Except for consumers in Quebec and subject to applicable laws, Card Companies reserve the right to change this Agreement from time to time in their discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at http://www.wendys.com/giftcards and www.wendys.com/en-ca.
Except for consumers in Quebec, Card Companies reserve the right to refuse to honor a Wendy’s Gift Card which, in their sole opinions, was obtained fraudulently.
13. Language (Quebec only/Québec seulement).
You have expressly requested that this Agreement and all related documents, including notices, be in the English language. Vous avez expressément demandé que le préesent contrat et tous documents y afféerents, y compris tout avis, soient rédigés en langue anglaise.
14. California Redemption Policy.
Wendy's gift cards with balances of $10.00 or greater are redeemable only for food and beverages at participating Wendy's locations and are not redeemable for cash. Under California law, holders of gift cards having a balance of less than $10.00 may use the card to buy food and beverages, or may instead request that the balance be returned to them. To request cash back for a physical gift card, please visit any Wendy's location in California that accepts gift cards. To request return of the balance for a digital gift card (including My Wendy's Mobile Application) by check, please contact customer service at (888) 624-8140.