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The following Terms and Conditions ("Agreement") describe the terms and conditions that apply to the use of the Pixlr Gift Card ("Card"). This Agreement is between you ("Cardholder") and Pixlr Pte. Ltd. ("Issuer"). By purchasing, accepting or using the 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.
1. PIXLR TERMS OF USE INCORPORATEDPixlr Terms of Use, which can be found at https://pixlr.com/terms-of-use/, are hereby incorporated into this Agreement. It may include terms and conditions in respect of the collection and use of personal data, and general provisions regarding the services offered by the Issuer.
2. ISSUANCE OF CARDThe Card may not be resold without express written consent from the Issuer. The Card is not valid and will not be honoured, and the Issuer will not be liable, if obtained from unauthorized sellers, distributors or resellers, including through Internet auction sites. The Issuer reserves the right to refuse to honour a Card where the Issuer suspects that the Card was obtained fraudulently.
3. REDEMPTION OF CARDThe Card is redeemable only for a subscription as per printed on the Card itself and the Card cannot be redeemed for discounted subscriptions. The Card is not refundable and cannot be redeemed for cash, and has no cash value, except as required by law.
4. HOW TO REDEEM YOUR CARDTo redeem the Card, please visit https://pixlr.com/redeem/. In order to be eligible to redeem or use the Card, you must first have registered for a Pixlr account at https://pixlr.com/. The Card is a single-use card. Accordingly, when you redeem a Card, the full value of the Card will be used to purchase a subscription as per printed on the Card itself. The Card is not exchangeable for any other product or service, and can only be redeemed for the subscription services as per printed on the Card itself.
5. EXPIRATION OF ACTIVATION CODEThe expiry of the activation code is as per printed on the Card itself. Once expired, the Card cannot be used for redemption.
6. LOST, STOLEN OR UNAUTHORIZED USE OF CARDThe Issuer is not responsible for any loss or damage resulting from a lost, stolen, or fraudulently obtained Card or its unauthorized use.
7. ISSUER OF THE CARDThe Issuer is responsible for the operation and maintenance of the Card program. The Issuer is the sole legal obligor to the Cardholder; provided, however, that the Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder. The Issuer's affiliates and related entities or persons bear no responsibility or liability for any Card, and you hereby knowingly release such affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card.
8. GOVERNING LAWThis Agreement shall be governed by, and shall be construed in accordance with, the laws of Singapore. All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules. The number of the arbitrator shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
9. CLASS ACTION WAIVERThe Cardholder and the Issuer agree that each may bring claims against the other only in its respective capacity and not as a plaintiff or class member in any purported class or representative action.
10. CHANGES TO THE AGREEMENTThe Issuer reserves the right to change this Agreement from time to time at its discretion, by posting the revised version of this Agreement on this webpage.
11. SEVERABILITYShould any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement shall be enforced to the extent permitted by law.
12. LIMITATION OF LIABILITYTHE ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARD 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 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.
13. OTHER QUESTIONSFor assistance and questions regarding your Card, please contact info@pixlr.com.