GIFT CARD TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the sale and use of Lokai’s electronic gift cards (“Gift Cards”).

Purchasing Gift Cards

Gift Cards are issued by Lokai Holdings LLC (“Lokai”) through www.lokai.com. Gift Cards are available for purchase in variable amounts, from a minimum of $25.00 to a maximum of $100.00. The purchase price shall be the value of the Gift Card and no sales tax shall be applied at purchase. Gift Cards may not be purchased at a discount or through a promotion of any kind, including payment by another Gift Card.

Redeeming Gift Cards

Gift Cards may be redeemed at www.lokai.com. Gift Cards may be used towards the purchase of eligible products for up to the value of the Gift Card, in one or more transactions. Eligible goods are subject to change in Lokai’s sole discretion. Upon each purchase, the amount of the purchase (including any applicable taxes) will be deducted from the balance of the Gift Card.

Gift Cards shall be for private use only and they may not be reloaded, resold, transferred for value, redeemed for cash or returned for a cash refund (except to the extent required by law), used for unauthorized advertising, marketing, sweepstakes or other promotional purposes (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

Checking Your Balance

Gift Card balances may be reviewed by the holder at any time by following the link in the original Gift Card email or by email to help@mylokai.com.

Expiration / Fees

Gift Cards shall expire five (5) years after the date of the original Gift Card email. No activation, use or dormancy fees apply to Gift Cards.

Risk of Loss

The risk of loss of and title to Gift Cards pass to the purchaser upon purchase. Lokai will not replace any lost, stolen, damaged or destroyed Gift Cards, and the outstanding balance of any lost, stolen, damaged or destroyed Gift Cards will not be replaced or refunded.

Compliance with Laws and Terms and Conditions

The purchase or use of a Gift Card constitutes acceptance of these Terms and Conditions. The purchaser and/or holder of a Gift Card, as applicable, hereby certifies and represents to Lokai that the activities in connection with which the Gift Card will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Lokai. In addition, the purchaser and holder of a Gift Card agree to defend and indemnify Lokai, its members, officers, directors, employees, agents and representatives, any parent, any subsidiaries and any affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with the use of a Gift Card or violation of any of these Terms and Conditions or applicable laws, rules and regulations.

Fraud / Violation of Terms and Conditions

Lokai reserves the right to refuse to honor or to void Gift Cards (without a refund) if it determines, in its sole discretion, that the Gift Card has been obtained or used fraudulently, unlawfully or otherwise in violation of these Terms and Conditions, or if a Gift Card has been altered, tampered with or bears any indications other than the pre-printed indications. Lokai is not liable to the purchaser or the holder for any improper, unauthorized or fraudulent use of the Gift Card by a third party. Lokai is not liable to the purchaser or holder for the use or malfunction of any Gift Card, and the purchaser and the holder hereby knowingly release Lokai and its members, officers, directors, employees, agents and representatives, any parent, any affiliates, subsidiaries and their respective officers, directors, shareholders, employees, agents and representatives from any and all liability or claims of any nature arising in connection with the use of Gift Cards.

LIMITATION OF LIABILITY

LOKAI, ITS PARENT, ANY AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOKAI SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY. IN NO EVENT SHALL LOKAI HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY THE PURCHASER OR HOLDER OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND LOKAI’S CONTROL. IN NO EVENT SHALL LOKAI’S LIABILITY TO THE PURCHASER OR HOLDER EXCEED THE BALANCE OF THE GIFT CARD. CERTAIN STATE 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.

Disputes

The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Any controversy or claim arising out of or relating to Gift Cards shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 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, the parties waive any rights to a jury trial.

General Terms

These Terms and Conditions constitute the entire and final agreement between the parties with regard to the subject matter hereof. No modification, amendment, rescission, waiver or other change in these Terms and Conditions shall be binding upon Lokai unless specifically agreed to in writing by Lokai. The invalidity or unenforceability, in whole or in part, of any provision herein shall not affect the validity or enforceability of any other provision herein. Failure or delay on the part of Lokai to exercise any right, power, privilege or remedy herein shall not constitute a waiver hereof. All terms and conditions are applicable to the extent permitted by law. If any of these Terms and Conditions is 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. These Terms and Conditions are subject to change from time to time without notice at Lokai’s sole discretion. Please review these Terms and Conditions periodically for changes.

Effective: November 9, 2018

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