The Mall Gift Card
Branded by American Express® and Accepted at Over a Million Merchants Nationwide
Branded by American Express® and Accepted at Over a Million Merchants Nationwide
FOR 24-HOUR CUSTOMER SERVICE
Visit us online at givethegiftcard.com or call 1-800-331-5597.
• Balance Inquiries • Purchase More Gift Cards • Merchant Discounts • Special Offers
For easiest use ALWAYS KNOW YOUR BALANCE AND TELL THE CASHIER!
AMERICAN EXPRESS® GIFT CARD FOR MACERICH CARDHOLDER AGREEMENT
These terms and conditions govern your use of the American Express® Gift Card for Macerich (“Terms and Conditions”). By purchasing, signing or using the American Express Gift Card for Macerich (“Card”), you are agreeing to these Terms and Conditions.
The terms “you” and “your” refer to the person who purchased the Card and/or the person who is
using the Card. The terms “we” “our” and “us” refer to American Express Travel Related Services
Company, Inc. and its subsidiaries and licensees that issue prepaid cards, including American Express
Prepaid Card Management Corporation (“AEPCMC”), the issuer of the Card.
FREQUENTLY ASKED QUESTIONS ABOUT THE CARD
Is the Card a debit charge, or credit card?
No. The Card is a prepaid payment device with a dollar value that is either printed on the front
of the Card or a “variable load” amount that is selected at the time of purchase. The Card is not
a credit, charge or debit card. The Card is not transferable.
Is the Card ready to use immediately?
In most cases, as soon as you sign the back of the Card, it is ready for use. However, in some
cases, it may be inactive for up to four hours after purchase.
How do I check my Available Balance?
The value on the Card at any time is its “Available Balance.” You may check your available balance
at www.givethegiftcard.com/balance.aspx or by calling Customer Service at 1-800-331-5597.
How is the Card used to make retail purchases?
Present the Card to the cashier for payment and tell him/her it is a gift card. Sign the receipt with the
same signature you used to sign the back of the Card. Retain the receipt as a record of the purchase.
Are there any fees for the use of the Card after purchase?
This Card has NO FEES AFTER PURCHASE (including dormancy, service or other fees).
Do the funds on the Card expire?
No, the funds on the Card do not expire.
If the funds do not expire, what is the “valid thru” date on the front of the Card?
The “valid thru” date on the front of the Card is the date through which your physical plastic
card may be used. This date is required to process transactions at merchants that request
a plastic expiration date. Even if the “valid thru” date has passed on the Card, its Available
Balance remains unchanged and intact. In order to keep making purchases with your Available
Balance, after a Card’s “valid thru” date has passed, please call 1-80-331-5597 for a free
Should the card number be written down?
Yes. You should write down the Card number, along with the Customer Service Number
(1-800-331-5597) and card security code (referred to also as the “Card Identification Number”
or “CID”) and keep these in a safe place! You will need the Card number and CID to check your
balance or replace the Card if it is lost or stolen.
Should the receipt from the purchase of the Card be kept?
We strongly suggest that you keep the receipt from the purchase of the Card, as we may require
it for a refund, exchange or replacement.
Where can the Card be used? Are there any usage restrictions?
The Card may be used at merchants and retailers in the United States that accept the American
Express Card (“Merchants”). This Card cannot be used for ATM cash withdrawals or for recurring
billing charges (such as monthly utilities or subscriptions). You may use the Card to make final
payments, but may not be able to use the Card to make reservations or deposits (e.g., car rental
or hotel reservations). Except where required by law, the Card is not redeemable for cash. The
Card may not be used for unlawful purposes.
How is the balance on the Card calculated?
There are two ways that your Available Balance may be decreased. First, if you make a purchase
with the Card, we will deduct the full amount of that purchase, including taxes and any other
fees, from the Available Balance. Second, if you use the Card and the Merchant authorizes for an
amount greater than the actual purchase (e.g., when you use the Card at a merchant expecting a
gratuity), the Available Balance will be temporarily decreased by the amount of the authorization
until the actual transaction posts, which typically occurs within 3 business days. Only the final
amount of the purchase will ultimately be deducted from the Available Balance. Once the Available
Balance reaches zero ($0), the Card is no longer valid and you agree that you will no longer
use it. However, if a transaction occurs despite an insufficient Available Balance on the Card, you
agree to reimburse us, upon request, for the amount of the negative balance created on the Card.
Can the Card be used if its Available Balance does not cover the total purchase price?
Depending on the Merchant’s policy, you may be able to use the Card with another form of
payment, such as cash, check or another card, to make a purchase. This is known as a “Split
Tender Transaction.” To make a purchase for more than the Available Balance on the Card:
1. Present the Card for payment and tell the cashier it is a gift card.
2. Tell the cashier the Available Balance and ask whether another form of payment will be
accepted for the balance of the purchase.
3. Before the Card is “swiped,” tell the cashier to only authorize the Card for the Available
4. If the Card is declined, remind the cashier of the Available Balance.
5. Be prepared to provide a second form of payment to cover the balance of your purchase.
Some Merchants may only allow you to use cash or check, but not another card, as the
second form of payment. Some Merchants do not permit a second form of payment at
all. We do not guarantee that a Merchant will permit a Split Tender Transaction. If you are
having difficulty making a Split Tender Transaction or using the Available Balance on the
card please call 1-800-331-5597 for assistance.
Can the Card be used to make an internet purchase?
Yes, you can also use the Card to make a purchase over the internet or by mail-order. However,
some internet and mail order Merchants do not permit Split Tender Transactions. If you
experience any difficulty making a purchase online or by mail order with the Card, please call
1-800-331-5597 for assistance.
How should the Card be used at restaurants, hair salons or other merchants that may be
expecting a gratuity?
Restaurants, hair salons and some other types of Merchants may obtain an authorization
on the Card for an amount up to 20% more than the total service bill to cover any gratuity
that may be added. Be sure that the balance on the Card is sufficient to cover the cost of
the bill plus any anticipated gratuity. If the Card is declined, ask the Merchant to obtain an
authorization for an amount equal to or less than the Available Balance.
How should the Card be used at gas stations?
Gas stations will routinely obtain an authorization on the Card for an estimated purchase
amount to ensure that the Available Balance will cover the final purchase. To avoid having
a gas station obtain an authorization for an amount higher than the Available Balance, we
suggest that you prepay inside at the cashier for an amount equal to, or less than, the Available
Balance on the Card.
What if the Card is lost or stolen?
If the Card or Card number is lost or stolen, contact us immediately at 1-800-331-5597.
You must provide your name, address, Card number, CID, and other details for identification
purposes. You agree to give us all reasonable information to help make a complete investigation
of the loss or theft of the Card. If the Card or Card number is reported by you as lost or
stolen, we will issue you a replacement Card with a value equal to the Available Balance on
the Card at the time you notified us of the loss or theft. NO REFUNDS WILL BE PROVIDED
FOR AMOUNTS DEBITED FROM YOUR LOST OR STOLEN CARD BEFORE YOU NOTIFY US.
Can merchandise purchased with the Card be returned?
Merchandise purchased with the Card is subject to the Merchant’s return policies. If the
Merchant agrees to issue a credit to the Card this amount may not be reflected in the Available
Balance until the credit posts, which may take up to seven days.
Can a charge made with the Card be disputed?
No. Purchases made with the Card are similar to those made with cash, in that you cannot
“stop payment” or lodge a “billing dispute” on purchases made with the Card. Any problems
or disputes you have regarding a purchase should be addressed directly with the Merchant.
OTHER IMPORTANT NOTICES
No Warranties: We are not responsible or liable to you (i) for any interruption of Card service,
(ii) for the quality, safety, legality, or any other aspect of any goods or services purchased
from any Merchant with the Card, (iii) if any Merchant refuses to honor the Card or special
offers and/or (iv) for any other problems you may have with any Merchant. If a Merchant fails
to honor the Card, please call the 1-800-331-5597 to report the incident.
Changing these Terms and Conditions: We may change the terms of, or add new terms
to, these Terms and Conditions at any time, with or without notice, subject to applicable
law. In addition, we may suspend, cancel, add, modify or delete any feature offered in
connection with the Card, with or without notice, subject to applicable law. Any notice
given by us shall be deemed given when deposited in the United States mail, postage
prepaid, addressed to you at the latest address shown on our records or when such notice
is posted on our web site. The most up-to-date Terms and Conditions may always be found
Assignment and Waiver: We may assign these Terms and Conditions to a third party at any time
without notice to you. However, if we assign these Terms and Conditions, the terms will remain
substantially and materially the same unless you are notified. If we reimburse you for a refund
claim you have made for a lost or stolen Card, or if we otherwise provide you with a credit or
payment with respect to any problem arising out of any transaction made with the Card, you are
automatically deemed to assign and transfer to us any rights and claims, excluding tort claims,
that you have, had or may have against any third party for an amount equal to the amount we
have paid to you or credited to the Card. You agree that you will not pursue any claim against, or
reimbursement from, such third party for the amount that we paid or credited to the Card, and that
you will cooperate with us if we decide to pursue the third party for the amount paid or credited.
Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay
in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive
any right under these Terms and Conditions on one occasion, such waiver shall not operate as a
waiver as to any other occasion.
Data Protection and Privacy: During any Customer Service call, we may request that you provide
the card security code printed on the front of the Card, as well as additional identification
information such as your home phone number, date of birth, and zip code. We may also obtain
personal information (“Cardholder Information”) about you, including information (i) provided to
us by the Card purchaser, such as your name and/or your address, (ii) provided by you at the
time of activation or during customer service calls, and (iii) about purchases made with the Card,
such as the date, the amount and the place of purchase. For purposes of fraud prevention and
regulatory compliance, we may also obtain information from providers of identity verification data
and demographic information.
Only those persons who need it to perform their job responsibilities are authorized to have
access to Cardholder Information. We also maintain physical, electronic, and procedural security
measures that comply with federal regulations to safeguard Cardholder Information.
Disclosure: We will use Cardholder Information to process Card transactions, provide customer
service, enhance usage at retailers who may require zip code authorization, process claims for lost
or stolen Cards and help protect against fraud. We also use Cardholder Information for marketing
purposes and to conduct research and analysis.
We may provide certain Cardholder Information to companies, including our affiliated companies
that perform business operations or services, including marketing services, on our behalf. We may
provide certain Cardholder Information to others outside of American Express as permitted by law,
such as to government entities or other third parties in response to subpoenas. We may develop
marketing programs and send you offer for products and services. We do not share customer
addresses with other companies for them to market their own products and services.
Offers / Choice: If you prefer not to receive offers, you may opt out by calling us in the United
States toll free at 1-800-722-8614. If you opt out from receiving these offers, we may still send
important information about the Card or other American Express products and services to you.
Telephone Monitoring/Recording: From time to time we may monitor and/or record telephone calls
between you and us to assure the quality of our customer service or as required by applicable law.
Agreement to Arbitrate Disputes: This Arbitration Provision sets forth the circumstances and
procedures under which Claims (defined below) that arise between you and us will be resolved
through binding arbitration. This means that neither you nor we will have the right to litigate that
Claim in court or have a jury trial on that Claim. Other rights that you would have in court also
may not be available or may be limited in arbitration, including your right to appeal and your ability
to participate in a class action. Nothing in this provision precludes you from filing and pursuing
your individual Claim in a small claims court in your state or municipality, so long as that Claim
is pending only in that court.
Definitions: As used in this Arbitration Provision, the term “Claim” shall mean and include any
claim, dispute or controversy of every kind and nature, whether based in law or equity, between
you and us arising from or relating to the Card or these Terms and Conditions, as well as any
related or prior agreement that you may have had with us or the relationships resulting from any
of the above agreements (“Agreements”), including the validity, enforceability or scope of this
Arbitration Provision or the Agreements. “Claim” also includes claims by or against any third
party using or providing any product, service or benefit in connection with the Card (including,
but not limited to, third parties who accept the Card, third parties who use, provide or participate
in programs accessed with the Card, enrollment services and rewards programs, debt collectors
and all of their agents, employees, directors and representatives) if and only if, such third party
is named as a co-party with you or us (or files a Claim with or against you or us) in connection
with a Claim asserted by you or us against the other. As used in this Arbitration Provision, “you”
and “us” also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates,
any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents,
employees, directors and representatives of any of the foregoing, and any third party using or
providing any product, service or benefit in connection with the Card.
Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon
the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of
procedures of the national arbitration organization to which the Claim is referred in effect at the
time the Claim is filed (the “Code”), except to the extent the Code conflicts with this Agreement.
Claims shall be referred to either JAMS (“JAMS”) or the American Arbitration Association (“AAA”),
as selected by the party electing to use arbitration. If a selection by us of either of these
organizations is unacceptable to you, you shall have the right within 30 days after you receive
notice of our election to select the other organization listed to serve as arbitration administrator.
For a copy of the procedures, to file a Claim or for other information about these organizations,
contact (1) JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, (2)
AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration
organizations listed above, Claims may be referred to any other arbitration organization that is
mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s)
appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided
that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions
on Arbitration provision set forth below.
Class Action Waiver and Other Restrictions: Arbitration shall proceed solely on an individual basis
without the right for any Claims to be arbitrated on a class action basis or on bases involving
claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority
to resolve and make written awards is limited to Claims between you and us alone. Claims may
not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or
decision will have any preclusive effect as to issues or claims in any dispute with anyone who
is not a named party to the arbitration. Notwithstanding any other provision in these Terms
and Conditions (including the “Continuation” provision below), and without waiving either party’s
right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is
deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence)
shall not apply.
Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections
1-16, as it may be amended (“FAA”), and the applicable Code. The arbitrator shall apply applicable
substantive law consistent with the FAA and applicable statutes of limitations and shall honor
claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not
apply. Written requests to expand the scope of discovery rest within the arbitrator’s sole discretion
and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable
steps to preserve the privacy of individuals, and of business matters. Judgment upon the written
arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under
the FAA, the arbitrator’s written decision will be final and binding unless you or we take an appeal
from the award by making a dated, written request to the arbitration organization within 30 days
from the date of entry of the written arbitral award. A three-arbitrator panel administered by the
same arbitration organization shall consider anew any aspect of the award objected to by the
appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the
date of the appellant’s written notice. The panel’s majority vote decision shall be final and binding.
Location of Arbitration/Payment of Fees: The arbitration shall take place in the federal judicial
district of your residence. Irrespective of who prevails in arbitration, you will only be responsible
for paying your share, if any, of the arbitration fees required by the applicable Code, which
amount shall not exceed the filing fees you would have incurred if the Claim had been brought
in the appropriate state or federal court closest to your residence. We will pay the remainder of
any arbitration fees. At your written request, we will consider in good faith making a temporary
advance of all or part of your share of the arbitration fees. Waivers also may be available from
the JAMS or AAA.
Continuation: This Arbitration Provision shall survive termination of the Card, as well as voluntary
payment in full of any Shortages, any debt collection proceeding by or between you and us,
and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the “Class
Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any
reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and
Conditions or any predecessor agreement you may have had with us, each of which shall be
enforceable regardless of such invalidity.
These Terms and Conditions and the Card, and all questions about their legality, enforceability and
interpretation, are governed by the laws of the State of New York, USA (without regard to internal
principles of conflicts of law).
YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
By using the Card you agree to be bound by these Terms and Conditions in their entirety. Should
you wish not to be bound by these Terms and Conditions in their entirety you must, prior to using
the Card, request and obtain a refund of the value of the Card by calling the 1-800-331-5597.
©2003-11 American Express Travel Related Services Company, Inc.