Tiburón Gift Card Agreement

Terms and Conditions - Florida

The Tiburon Gift Card is exclusively owned and operated by Tiburón Golf Ventures Limited Partnership (“Partnership”) and any inquiries should be directed to Tiburón Golf Club, 2620 Tiburón Drive, Naples, FL 34109.

THE AGREEMENT

The Tiburon Gift Card Agreement (“Agreement”) is an agreement between you and Tiburón Golf Ventures (or one of its affiliates), a Delaware limited liability company, 2620 Tiburón Drive, Naples, FL 34109 with respect to our issuance and your use of the Tiburon Gift Card (“Card”). You will be deemed to have accepted the terms of this Agreement, as may be amended from time to time, if you accept or use the Card, and these terms shall also apply to any person that uses the Card.

In this Agreement, the terms “you” and “your” refer to the person to whom the Card is issued, the person receiving the Card, or the person using the Card. The terms “we,” “our,” and “us” refer to Tiburón Golf Ventures Limited Partnership, its affiliates, partners, successors, agents, and assigns.

THE CARD

The Card is a prepaid, non-personalized, reloadable card that may only be used to make certain signature-based purchases Tiburón Golf Club. The Card is our property. The Card is loaded with a specific U.S. dollar amount provided when you purchase or receive the Card.

CARD ACTIVATION, TERM, AND DEACTIVATION

Your Card has been activated and it is ready to use. It may be used to make certain signature-based purchases only at Tiburón Golf Club.

CARD USE

You may use the Card to make only the following signature-based purchases at Tiburón Golf Club: golf fees (including guest fees), merchandise, food & beverage, golf lessons, fitness services or fees, where available. You agree to abide by all rules and regulations associated with the Tiburón Golf Club. When you use the Card, there may be special offers available from time to time at Tiburón Club. We reserve the right to add to, change and/or cancel the offers at any time without prior notice to you.

You acknowledge and agree that the types of purchases that may be made with the Card is limited to those referenced in the preceding paragraph and to the amount loaded on the Card. As you use the Card, the amount loaded on the Card will be reduced by purchases. The loaded amount less purchases is known as the available balance. You are responsible for keeping track of your available balance and may verify such balance by visiting www.TiburonGCNaples.com. A purchase with the Card will not be authorized if it exceeds the available balance. However, in the event that such a transaction is authorized, due to a system malfunction or any other reason, you are liable for and agree to pay immediately the difference between the available balance and the transaction amount.

We may refuse to authorize a Card transaction if the Card is reported lost or stolen. We may temporarily “freeze” the Card and attempt to contact you if we note transactions that are unusual or appear suspicious. As a result, Card transactions may be declined or dishonored. We are not responsible if we do not authorize subsequent Card transactions while such a freeze is placed on the available balance.

The Card should be treated the same as cash, and you are responsible for safeguarding the Card. All applicable United States Federal, State and Local taxes are your sole responsibility, if any, and you should consult with your tax advisor for advice. The cash equivalent of any Card will not be substituted.

PLEASE BE AWARE OF THE RETURN POLICIES OF TIBURON GOLF CLUB PRIOR TO COMPLETING THE TRANSACTION. If you wish to return any merchandise purchased with the Card, the return will be subject to Tiburón Golf Club’s return policies, and a credit for any returned merchandise or other purchase will be added to your Card. No cash refunds will be issued for any merchandise or other purchase made by use of the Card and subsequently returned.

ERRORS OR QUESTIONS REGARDING YOUR TRANSACTIONS

Call the Tiburón Gift Card Administrator at (239) 593-2200 as soon as you can if you believe an error has occurred in connection with the Card or available balance. We must hear from you no later than 30 days following the date the error occurred. You will need to tell us:

  1. Your name and Card number.
  2. Why you believe there is an error, and the dollar amount involved.
  3. Approximately when the error took place.

If you tell us about your complaint verbally, we may require that you send us your complaint or question in writing within 10 business days after you make the verbal compliant.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 60 days to investigate your complaint or question.

We will tell you the results within 5 business days after completing our investigation. If we decide that there is no error, we will send you a written explanation.

LOST OR STOLEN CARD

Call the Tiburón Gift Card Administrator at (239) 593-2200 IMMEDIATELY if you believe your Card has been lost or stolen. Telephoning the Tiburón Gift Card Administrator at this number is the best way of minimizing potential losses. You must have your Card number to be eligible for a replacement card if your Card is lost or stolen. The Card number is located on the reverse side. However, it is strongly suggested that you write your Card number down and keep it in a safe place separate from your Card. We reserve the right to decline to issue a replacement Card.

YOUR LIABILITY

You are solely responsible for timely reporting and fully paying any and all taxes, if any. You are also responsible for all uses of the Card, whether authorized or unauthorized. “Unauthorized use” is a transaction initiated by someone other than you without your express or implicit authorization and you receive no benefit from the transaction. Use of the Card is at your sole risk and WCI shall have no liability whatsoever for unauthorized uses of your Card.

OUR LIABILITY

We are not responsible or liable to you for the quality, safety, legality, or any other aspect of any goods or services purchased from the Tiburón Golf Club with your Card. If you have a dispute, you agree to settle the dispute directly with the manufacturer or provider of the goods or services.

We will not be liable, for instance, if:

  1. Through no fault of ours, you do not have enough available funds on the Card to perform the transaction;
  2. Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor, dispute, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay a transaction despite reasonable precautions taken by us;
  3. The system or terminal was not working properly;
  4. The Card is damaged; or
  5. There are other exceptions stated in this Agreement or provided by law.

As provided above, Use of the Card is at your sole risk and WCI shall have no liability whatsoever for unauthorized uses of your Card.

CARD BALANCE AND ACTIVITY INFORMATION

You may access your available balance and Card transaction information by calling Electronic Transaction Systems Corporation at 1-800-834-7790 or by visiting www.TiburonGCNaples.com

REDEMPTION

The Card shall have no cash value and cannot be redeemed for cash. No transfer or assignment of any Card is permitted.

GOVERNING LAW, MODIFICATION, CANCELLATION, ASSIGNMENT, AND WAIVER

To the extent federal law is not applicable, the laws of the State of Florida shall govern this Agreement without regard to that state’s conflict of laws principles, and exclusive venue shall be in the state or federal courts of Collier County (Naples). We may change the terms of, or add new terms to, this Agreement at any time, with or without cause, and without giving you notice, except where prohibited by applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Card at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law.

We may assign this Agreement to a third party at any time without notice to you. However, if we assign this Agreement, the terms will remain substantially and materially the same unless you are notified. Neither our failure to exercise any of our rights under this Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. Furthermore, if we waive any right under this Agreement, such waiver shall not operate as a waiver as to any such right in the future.

SEVERABILITY

If any of the provisions of this Agreement are invalid, the remaining provisions shall continue in full force and effect.

SPONSOR

The Card is issued by Electronic Transaction Systems Corporation on behalf of Tiburón Golf Ventures Limited Partnership, 2620 Tiburón Drive, Naples, FL 34109. All rights reserved.