Last updated: December 31, 2022
- About Your Wendy’s Gift Card
- Balance Inquiry
- No Expiration/Fees
- No Refunds
- Lost, Damaged, or Stolen Gift Cards
- No Resale
- MANDATORY BINDING INDIVIDUAL ARBITRATION
- Limitation of Liability
- Choice of Law
- Changes to Agreement
- About Your Wendy’s Gift Card. Wendy’s Gift Cards are issued by the U.S. Card Company for Gift Cards purchased in the U.S., and by the Canadian Card Company for Gift Cards purchased in Canada. The 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. The 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. The U.S. Card Company is the sole legal obligor to Cardholders who purchased Gift Cards in the U.S., and the Canadian Card Company is the sole legal obligor to Cardholders who purchased Gift Cards in Canada. Wendy’s and its affiliates (other than the 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 the Card Companies) and franchisees from any and all liability or claims of any nature whatsoever arising in connection with Wendy’s Gift Cards. Wendy’s Gift Cards can be purchased or reloaded using the Wendy’s mobile app or at participating Wendy’s restaurant locations. The Gift Card is not a debit or credit card.
- Balance Inquiry. For balance inquiry, U.S. Cardholders can visit www.wendys.com/en-us/wendys-gift-cards/giftcards/check-card-balance, Canadian Cardholders can visit www.wendys.com/en-ca and click the gift card link, or Cardholders can 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.
- No Expiration/Fees. Wendy’s Gift Cards, excluding Wendy’s Promotional Gift Cards, do not expire. No fees for inactivity or service fees apply. Wendy’s Promotional Gift Cards expire as of the date printed on the Gift Card.
- Redemption. 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 balances 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 determined by the Card Companies in their sole discretion.
- No Refunds. No refunds are permitted with respect to Wendy’s Gift Cards (except as required by law). To request cash back for a physical Gift Card, in those states where cash back is required by law, please visit a Wendy’s location that accepts Wendy’s Gift Cards. To request return of the balance for a digital gift card (including the Wendy’s mobile app), please contact Customer Service at 1-888-624-8140.
- Lost, Damaged, or Stolen Gift Cards. Gift cards that are lost, stolen, damaged, or used without authorization will not be replaced.
- No Resale. Wendy’s Gift Cards 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.
- 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 (a “Section 8(b) Dispute”), then you and we agree to send a written notice to the other party providing a reasonable description of the dispute, along with a proposed resolution of the dispute. 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: email@example.com
For a period of sixty (60) days from the date of receipt of notice from the other party, the 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 the 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 discretion, are uncomfortable with. Nothing in this Section 8(b) will prevent a party from pursuing their claims in Court or another complaint process.
- 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 OR IMPLIED, OR COLLATERAL WITH RESPECT TO WENDY’S GIFT CARDS, INCLUDING, WITHOUT LIMITATION (EXCEPT IN QUEBEC), ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS OF 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.
- 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 Wendy’s Gift Cards. 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 regards to conflicts of law principles.
- 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 may be provided to you by any reasonable means, including, without limitation, by posting the revised version of this Agreement at http://www.wendys.com/giftcard and www.wendys.com/en-ca.
- Fraud. 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.
- 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.