Garden Gold Cards – Terms
TD Garden Gold Card Program
This document contains a full set of terms and conditions governing your use of a TD Garden Gold Card (the “Garden Gold Card”). By using your Garden Gold Card, you agree to these Terms and Conditions. We reserve the right to change the format, elements and terms and conditions of the Garden Gold Card program from time to time at our discretion.
TD Garden Gold Card General Terms
About Your Garden Gold Card
The Garden Gold Card is issued to you by Delaware North Companies, Inc. – Boston, the operator of the TD Garden. It may be purchased at select retail outlets within TD Garden, the Box Office, and the ProShop powered by Reebok located on Level 2 of the TD Garden. It may be used at concession stands and retail locations in the TD Garden toward the purchase of food, beverage and merchandise and at the ProShop powered by Reebok. The Garden Gold Card may also be redeemed for event tickets at the TD Garden Box Office, but may not be used for Ticketmaster online or outlet purchases, nor be used at any other North Station vendors. At any concession stand or participating retail location within TD Garden, you may load a dollar value on to a previously issued Garden Gold Card for future purchases as a pre-payment. No credit card, credit line, overdraft protection, or deposit account is associated with a Garden Gold Card.
Unless otherwise required by law or permitted by these Terms and Conditions, any amount on your Garden Gold Card is non-refundable and may not be redeemed for cash. All purchases of the Garden Gold Cards are final. No interest, dividends, or any other earnings on funds deposited to a Garden Gold Card will accrue or be paid or credited to you. The value associated with the Garden Gold Card is not insured by the Federal Deposit Insurance Corporation (FDIC). We reserve the right not to accept any Garden Gold Card or otherwise limit use of a Garden Gold Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Purchase Exceeding the Value of the Garden Gold Card
Your Garden Gold Card may only be used to make purchases up to the remaining Garden Gold Card value. If you wish to make a purchase for an amount that exceeds the remaining Garden Gold Card value, you must pay the excess using another payment method or by loading sufficient dollar value on your Garden Gold Card prior to the purchase.
Loading Value on the Garden Gold Card
You can load a dollar value on the Garden Gold Card by using a credit card, debit card or cash at any concession stand or participating retail location within TD Garden. The minimum amount that must be loaded onto your Garden Gold Card is $5.00. We may change the maximum and minimum amounts at any time by notifying you at the point of sale, and such change otherwise shall not constitute an amendment to these Terms and Conditions.
Consolidating Your Garden Gold Cards
If you have two or more Garden Gold Cards, you can consolidate them by using them to purchase one new Garden Gold Card that has a balance equal to the sum total of the Garden Gold Cards you currently have.
Fees and Expiration of Card Balances, Card is Non-Redeemable
We do not charge any fees for the issuance, activation, or use of your Garden Gold Card, and your Garden Gold Card has no dormancy fee or expiration date. The value on your Garden Gold Card may not be redeemed for cash, check, or credit, unless required by law.
Receipts and Statements
Receipts and Statements Cardholders are not sent statements of itemized transactions from a Garden Gold Card account. You can check the balance available on your Garden Gold Card or review recent transactions. You will need to have your Garden Gold Card available in order to access your account. When you use your Garden Gold Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Garden Gold Card and will provide the remaining balance of your Garden Gold Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Billing Errors and Corrections
We reserve the right to correct the balance of your Garden Gold Card account if we believe that a clerical, billing or accounting error occurred. Once you notify us in person, by phone, or via e-mail, we will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for Unauthorized Transactions
The Garden Gold Card may not be resold by any unlicensed vendor under penalty of law. Unlawful resale or attempted resale is grounds for seizure and cancellation without compensation. Cards obtained through unauthorized channels are not guaranteed by us.
Because your Garden Gold Card may be usable in its value amount in lieu of cash for purchases within TD Garden, you are responsible for all transactions associated with your Garden Gold Card, including unauthorized transactions. If lost or stolen, your Garden Gold Card will not be replaced without your presentation of the original sales receipt. Replacement value will be the value of the Garden Gold Card at the time the Garden Gold Card is reported lost or stolen. If your Garden Gold Card becomes lost, stolen or damaged, you should contact us immediately. Your Garden Gold Card balance is only protected from the point in time you notify us that your Garden Gold Card is missing. We will freeze the remaining balance on your Garden Gold Card at the time you notify us and will load that remaining balance on a replaced Garden Gold Card.
Changes to Terms and Conditions
We may amend these Terms and Conditions at any time, including any rights or obligations you or we may have. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Terms and Conditions to our web site or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Garden Gold Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Garden Gold Card after such notice period. If you do not accept the changes, additions or deletions, your Garden Gold Card can be cancelled upon your request, and any amounts remaining on your Garden Gold Card will be refunded to you.
Disclaimers and Limits of Liability
DELAWARE NORTH COMPANIES, INC. – BOSTON AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GARDEN GOLD CARD OR THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. DELAWARE NORTH COMPANIES, INC. – BOSTON DOES NOT REPRESENT OR WARRANT THAT YOUR GARDEN GOLD CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IF DELAWARE NORTH COMPANIES, INC. – BOSTON OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GARDEN GOLD CARD. DELAWARE NORTH COMPANIES, INC. – BOSTON AND ITS AFFILIATES 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 THE GARDEN GOLD CARD OR THIS AGREEMENT, IN NO EVENT SHALL DELAWARE NORTH COMPANIES, INC. – BOSTON OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GARDEN GOLD CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL. OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY MASSACHUSETTS LAW.
Information Collection and Use
When purchasing and using your Garden Gold Card, we may collect non-public personal information about you that may include:
- Identifying information, such as your name, address, phone number and e-mail address; and
- Financial information, relating to any purchase or reloading of your Garden Gold Card and the transactions made with your Garden Gold Card.
Disclosure of Information to Third Parties
We may disclose information to third parties about your Garden Gold Card or the transactions you make: (a) where it is necessary for completing transactions; (b) to verify the existence and condition of your Garden Gold Card to a third party; (c) to utilize services of third parties and affiliate entities who assist us in providing the Garden Gold Card and related services; (d) to comply with government agency rules or court orders; (e) if you give us your permission; (f) if you owe us money or there are legal proceedings in connection with your Garden Gold Card, in which case, information may be released to attorneys, accountants, collection bureaus, financial institutions, and others involved in collection, adjustment, settlement, or reporting; (g) to protect against potential fraud and other crimes; or (h) when otherwise permitted by law. We may also share information about you and your Garden Gold Card (based on our transactions and experiences with you) with our parent, affiliate, and subsidiary companies.
Your Consent and Changes to this Privacy Statement
By purchasing and using the Garden Gold Card, you consent to the collection and disclosure of your information as we have outlined in this privacy statement. If you do not agree to this privacy statement, you may not use the Garden Gold Card. We may change this Privacy Statement at any time and without prior notice. We will notify you about significant changes in the way we treat personal information by sending a notice to an email address you have provided to us or by placing a prominent notice at the point of sale so that you may be aware of our actions. Your continued use of the Garden Gold Card following any such notice will mean that you accept such changes.