Terms and Conditions of Use
This Agreement is a contract between you and Collection Card Corp. ("CCC") and applies to your purchase and use of Ocean Properties Hotel Resorts and Affiliates, OPAL Collection and Other Participating Merchants (OPA) By purchasing an OPA Gift Card on this website, you must read, agree with and accept all of the terms and conditions contained in this Agreement. OPA may establish additional terms and conditions related to your use of their gift cards, which you should read, agree with and accept before purchasing any OPA gift cards on this website. This Agreement is provided to you and concluded in English. You agree that your use of this website or purchase of a OPA gift card shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement for your records.
Important Notice
This is an important document which you must consider carefully when deciding whether or not to use this website or purchase a OPA gift card from CCC. Please read the terms of this Agreement carefully before proceeding with your purchase of a OPA gift card. You are solely responsible for understanding and complying with any and all laws, rules and regulations in your jurisdiction that may be applicable to your use of this website or a OPA gift card , including but not limited to, those related to anti-money laundering and financial crimes.
Our Relationship with OPA
CCC is a provider of gift and loyalty card transaction processing services. OPA has retained CCC as an independent contractor to sell and issue OPA gift cards to consumers, including you, via the Internet. OPA participating merchants have agreed to honor validly purchased gift cards and to accept such gift cards as payment for products and/or services of equal value at its participating hotel locations or other merchants. CCC does not have control of nor assumes the liability or legality for the products or services offered by OPA.
Our Relationship With You
The services offered on this website are limited to the sale of OPA gift cards. The payment funds remitted to CCC as a result of your purchase of a OPA gift card do not qualify as deposits or investments in the sense of the Federal Deposit Insurance Reform Act of 2005 or any related law or regulation in the United States or elsewhere. Accordingly, you understand that you are not protected by any deposit insurance schemes provided by the Federal Deposit Insurance Corporation, the Canadian Deposit Insurance Corporation, or any similar entity elsewhere in the world.
Your Obligations
In the course of using this website or an OPA gift card, you will not:
Breach any of the terms and conditions of this Agreement or any other agreement that you have entered into with CCC.
Breach any law, statute, rule, or regulation (for example, those governing anti-money laundering and financial crimes).
Attempt to purchase OPA gift cards by means which we reasonably believe involve the use unauthorized funds, unauthorized payment instruments or potentially fraudulent actions.
Attempt to unjustly enrich yourself by disputing your purchase of a OPA gift card while concurrently redeeming such gift card, in whole or in part, for OPA products and/or services.
Attempt to purchase OPA gift cards in a manner that CCC, Visa, MasterCard, American Express or our merchant acquirer and/or payment processor reasonably believe to be an abuse of the credit card system or a violation of credit card association rules.
Act in a manner that may result in disputes, claims, reversals, chargebacks, fees, fines, penalties or other liability to CCC, OPA or you.
Act in a manner that does or may present to CCC a credit or fraud risk or a significant or otherwise detrimental level of risk exposure, as determined at CCC's sole discretion.
Provide false, inaccurate or misleading information.
Fail to provide us with further information about you that we may reasonably request in order to enable your purchase or use of a OPA gift card.
Infringe or cause any third party to infringe CCC's or OPA's copyright, patent, trademark, trade secret or other intellectual property rights.
Take any action that negatively impacts CCC, it infrastructure or this website, introduces or facilitates any viruses, Trojan horses, worms, bots, spiders or other programming routines that may damage, interfere with or copy data, the website or the infrastructure without our prior written consent, which may be withheld at CCC's sole discretion.
Act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing.
Accounts, Passwords, and Security
You must be a registered user to make a purchase on this website. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name and in your account.
PURCHASE POLICY
You understand and acknowledge that all sales of OPA gift cards on this website are final. There will be no refunds, no cancellations, no credits, no exchanges, and no transfers once the sale of a OPA gift card has been completed. When placing an order for an eGift Card or a traditional Gift Card, CCC will contact every purchaser to confirm the order details prior to issuing/enabling the gift card. It is important to respond as promptly as possible upon being contacted. If order details cannot be confirmed the card could be placed on hold pending confirmation of the order. All transactions involving the purchase or use of OPA gift cards will be completed in US currency. We may, at any time and without liability, suspend, block, limit, close or cancel your right to use your credit card or other payment instrument to purchase OPA gift cards on our website for any reason, which CCC may provide in its sole discretion. CCC reserves the right to refuse any particular payment, issuance or redemption transaction at any time for any reason and will only make available the fact of the refusal and the reasons for the refusal if required to do so by law. CCC may also close, suspend, or limit your access to or ability to redeem or otherwise use the funds loaded on your OPA gift card to the extent and for so long as reasonably needed to protect against the risk of liability. You must not use, redeem, attempt to use or attempt to redeem your OPA gift card while it is suspended or on hold. CCC only will release the hold placed on your OPA gift card once CCC determines, in its sole discretion, that the risk of liability no longer exists. CCC may monitor your use of the website or your OPA gift card to mitigate any risks, prevent money laundering and/or to ascertain whether you have breached your obligations under this Agreement. Unused or unredeemed funds loaded on your OPA gift card may be subject to dormancy fees and/or forfeiture under the applicable gift card laws and unclaimed property laws, respectively, in the governing jurisdiction.
Privacy
Protecting your privacy is very important to CCC/OPA. Please review our Privacy Policy here in order to better understand our commitment to maintaining your privacy, as well as our anticipated use and disclosure of your personal information. For the avoidance of doubt, CCC will share your personal information with OPA to enable your use of the purchased OPA gift card at participating hotel locations. Please review OPA Privacy Policy here .
Intellectual Property
“Intellectual Property” means, without limitation, the trade names, trademarks, patents, patents pending, concepts, ideas, computer hardware, software, and infrastructure of CCC or its licensors. Nothing in this Agreement or otherwise shall give you or any third party any right, title to, or interest in the Intellectual Property of CCC or its licensors. All right, title and interest in and to the Intellectual Property and this website and any content thereon is the exclusive property of CCC and its licensors.
Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without CCC's prior written consent, which may be withheld at its sole discretion. CCC reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time without your consent.
Amendments to this Agreement
CCC may at any time amend, delete or add to this Agreement without notice to you. Your continued use of this website or your OPA gift card following any such amendment shall constitute your acceptance of this Agreement. Please review this Agreement from time to time as it may change in the future.
No warranties
ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. CCC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY CONTENT OR STATEMENT MADE ON THIS WEBSITE BY OPA OR ANY THIRD PARTY. UNDER NO CIRCUMSTANCE WILL CCC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE OR FOR PRODUCTS SUPPLIED TO YOU VIA THIS WEBSITE, OR FOR PRODUCTS AND/SERVICES OFFERED BY OPA.
Limitation of Liability
CCC SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF A OPA GIFT CARD OR USE OF THIS WEBSITE, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE TO WAIVE ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Redemption Restrictions
CCC/OPA gift cards are redeemable at participating locations identified at CCC website