Important Disclosures

This Cardholder Agreement (“Agreement”) contains all terms and conditions applicable to your Cirque du Soleil ® Canadian gift card (“Card”) which is issued by Cirque du Soleil Canada Inc. (hereinafter referred to as “Issuer”). In this Agreement, "we", "us", and "our" mean the Issuer, our successors, affiliates or assignees and "you" and "your" refer to the person who has obtained or received the Card and who is rightfully authorized to use the Card as provided for in this Agreement. Your Card is redeemable online at cirquedusoleil.com/gift-cards and at participating Cirque du Soleil point of sales. Your Card is redeemable for the purchase of tickets to Cirque du Soleil shows presented in Canada and the United States of America. At this time, Cards cannot be used to purchase Cirque du Soleil merchandise or food and beverage at Cirque du Soleil shows. Except in certain circumstances, tickets purchased made with the Card are non-refundable and non-exchangeable. The amount of any refund will be placed back on the Card.

To learn where to use your Card, please visit cirquedusoleil.com/gift-cards or contact us at 1-877-924-7783.


Transactions Made in Foreign Currencies

Your Card is in Canadian currency. If you use your Card in the United States of America, we will convert any transactions made in US currency to Canadian dollars using the Visa conversion rate in effect on the day the transaction is posted to your Card.

If a US currency transaction is refunded to your Card, the Visa conversion rate used to convert your refund to Canadian dollars for your Card is the rate that is in effect on the date of conversion. This rate may not be the same rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a US currency transaction will, in most cases, be different than the amount that was originally charged to your Card for that transaction.


Agreement

We agree to maintain the Card for you and to perform according to this Agreement. By purchasing, activating, using or by permitting anyone else to use the Card, you agree to the provisions of this Agreement, and further agree that this Agreement is binding on your successors, representatives and assigns. This Agreement is in effect as of the date of purchase of the Card.


Amendments

NOT APPLICABLE TO RESIDENTS OF QUEBEC: We may from time to time adopt new or amended provisions to this Agreement to comply with governmental, federal or provincial laws or regulations governing the Card or if otherwise permitted by law, and you will be notified of any change prior to the effective date of such change, to the extent required by law. The most recent version of the Agreement is always available at cirquedusoleil.com/gift-cards and if we change the Agreement a notice will be posted at cirquedusoleil.com/gift-cards


Card Activation

Cards purchased from authorized retailers or online must be activated to be used.

For a plastic Card:

You may activate your plastic Card at cirquedusoleil.com/gift-cards or by phone at 1-877-924-7783. Cards cannot be used before activation. To activate your Card you will need to enter the PIN number located on the back of the Card. You do not need to enter this PIN number to redeem your Card.

For a digital Card:

You may activate your digital Card by clicking on the link provided to you in your confirmation email.

Card Registration

Registration of your Card is optional. To register your Card, please visit cirquedusoleil.com/gift-cards. If you register your Card, you will (i) protect its remaining balance if your Card is lost, stolen, altered, destroyed, damaged or used for unauthorized transactions (see below); (ii) receive balance updates from the Issuer; and (iii) sign up to receive emails from the Issuer and other members of the Cirque du Soleil group of companies relating to shows presented in your area. To register your Card you will need to provide your name, postal code, Card number and email address. Our privacy policy in respect of the use of such data is available at cirquedusoleil.com/gift-cards and will be made available to you when you register your Card.


Replacement of a Lost/Stolen/Damaged Card or Unauthorized Use

Unless you have registered your Card, the remaining balance of your Card will not be replaced if the Card is lost, stolen, altered, destroyed, damaged or used for unauthorized transactions. This means that anyone who finds your lost Card could use it. If you have registered your Card and your Card has been lost, stolen, altered, destroyed, damaged or has been used for unauthorized transactions, you must immediately call us at 1-877-924-7783 or at services.clients@cirquedusoleil.com. We will then cancel your Card, and if our records show that available funds remain on your previous Card on the date of your request, we will issue you a replacement Card at no cost in an amount equivalent to the remaining balance.


Returned or Exchanged Merchandise

Except in certain circumstances, Cirque du Soleil show tickets purchased with your Card are non-refundable and non-exchangeable. Cirque du Soleil’s refund and exchange policy will be made available to you when you purchase a ticket. Authorized refund of purchases made with your Card will be placed back on your Card or a new Card. Unless as otherwise provided under any applicable laws, you are not entitled to receive a cash refund and agree to accept credits to the balance on your Card in place of cash.


Viewing Your Card Balance

For free access to your Card information, including your remaining balance on the Card 24 hours a day/7 days a week, visit cirquedusoleil.com/gift-cards or call 1-877-924-7783. Your Card balance will reflect all transactions that have been posted to our system.


Using Your Card

This Card is a prepaid card loaded with a specific amount of Canadian dollars. This Card is not a credit card. You may only use it when there is a balance remaining on the Card and only up to the amount left on the Card. Purchases will be deducted from your Card until the value on the Card reaches zero. If your purchase exceeds the balance of the Card, you must pay for the excess at time of purchase using another form of payment (such as, for example, debit or credit, as applicable). Any resale of Cards is strictly prohibited. Cards cannot be transferred for value or and are not redeemable for cash except as required by law. Cards are not reloadable. We have the right to void any Card if we suspect that such Card is obtained, used or applied to a transaction fraudulently, unlawfully or otherwise in violation of the terms and conditions set out in this Agreement.


Shipping – Cards Purchased Online

For plastic Cards purchased online on Cirque du Soleil’s website, Issuer shall not be held responsible for shipping delays or lost or stolen Cards caused by carriers. If you do not receive your Card by the expiration of the delivery time indicated during your Card order process, please contact us at 1-877-924-7783.


Right to Restrict Access

We may restrict access to the Card, temporarily or permanently, if we notice suspicious activity in connection with the Card. We have no liability for restricting access to the Card or for declining authorization for any particular transaction, regardless of our reason.


Expiration

FUNDS ON YOUR CARD DO NOT EXPIRE. The expiration date of your Card is identified on the back of your Card. You will not be able to use your Card after the expiration date. If funds remain on your Card after its expiration date, simply contact customer service at 1-877-924-7783 or at services.clients@cirquedusoleil.com for a replacement Card at no cost.


Liability for Failure to Complete Transactions

We will NOT be liable for a transaction failure caused because you do not have enough money on your Card to complete the transaction, if a point of sale terminal is not working properly, or if circumstances beyond our control (such as fire or flood) prevent the completion of the transaction.


Website and Availability to Communication Channels

From time to time Card services, including our website and other operational and communication channels may be inoperative, and we do not warrant these channels will be available and error free at all times. When a service interruption happens, you agree that we will not be responsible for temporary interruptions in service due to maintenance or website changes or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes or armed conflicts. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment.

You agree to act responsibly with regard to the use of our website. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s systems and integrity.


Customer Service

For customer service or additional information regarding your Card, please contact us at:
Cirque du Soleil Customer Service
8400, 2e avenue, Montréal (Québec), H1Z 4M6
Phone: 1-877-924-7783
Email: services.clients@cirquedusoleil.com
For technical assistance, including Card activation, Customer Service agents are available to answer your calls 24 hours a day/7 days a week.
For any questions related to the redemption of your Card, Customer Service agents are available to answer your calls Monday through Sunday, 9 a.m. to 8:30 p.m. ET.


Assignment

Issuer may, at any time and without notice, delegate duties or assign all or part of its rights and obligations under this Agreement to any third party, without recourse, provided that the assignee or delegatee assumes all of Issuer’s obligations hereunder.


Limitation of Liability

NOT APPLICABLE TO RESIDENTS OF QUÉBEC: Under no circumstances shall we or any of our employees, directors, officers, administrators, agents, affiliates or other related entities, sponsors, distributors, vendors, suppliers, representatives, partners and all other persons acting on their behalf, be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of your Card, the use of the website or resulting from unauthorized access to or alteration of your data, including, but not limited to, damages for loss of profits, use of data or other intangibles, even if we have been advised of the possibility of such damages.

FOR RESIDENTS OF QUÉBEC: Under no circumstances shall we or any of our employees, directors, officers, administrators, agents, affiliates or other related entities, sponsors, distributors, vendors, suppliers, representatives, partners and all other persons acting on their behalf, be liable for any direct, indirect, incidental, special or consequential damages that are caused by third parties and that result from the use of your Card, the use of the website or resulting from unauthorized access to or alteration of your data, including, but not limited to, damages for loss of profits, use of data or other intangibles, even if we have been advised of the possibility of such damages.


Invalidity

If any term, provision or section of this Agreement, or any portion of such term, provision or section is held invalid or unenforceable by any court of competent jurisdiction, the remainder of this Agreement will not be affected thereby and each remaining term, provision or section or portion thereof will be valid and enforceable to the full extent permitted by law. In lieu of each term, provision or section of this Agreement that is held invalid or unenforceable, there shall be added as a part of this Agreement a term, provision or section as nearly identical as may be possible and as may be legal, valid and enforceable. In addition, in certain cases, applicable laws may not allow the limitation of liability set forth in the section above, so the limitation of liability may not apply in such particular cases. If any part of the limitation on liability set out in the section above is found to be invalid or unenforceable for any reason, then our aggregate liability (and that of our employees, directors, officers, administrators, agents, affiliates or other related entities, distributors, vendors, suppliers, partners, sponsors, representatives or all other persons acting on our behalf) under such circumstances for liabilities that otherwise would have been limited shall not exceed the purchase price of the Card.


Arbitration

NOT APPLICABLE TO RESIDENTS OF QUÉBEC: To the extent permitted by applicable law, any claim, dispute, or controversy (“Claim”) arising out of or relating to: (i) this Agreement; (ii) your Card, including the purchase or use of your Card, services related to your Card or the balance on your Card; or (iii) any advertisements, promotions or statements related to the Cards, shall be exclusively resolved by final and binding arbitration administered by the ADR Institute of Canada (“ADRIC”) under its Arbitration Rules effective as of December 1, 2014. The language of arbitration will be English or in French, as requested by you and any hearing will take place in the capital city in the province in which you reside. For greater certainty, to the extent permitted by applicable law, neither party will be entitled to institute proceedings for a Claim before a court. For any information regarding arbitration or to file a Claim, you may contact the ADRIC at: 1-877-475-4353 or consult its website at http://adric.ca/. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. If you do not agree to these terms, do not activate or use your Card and immediately contact our Customer Service.


No Class Action

NOT APPLICABLE TO RESIDENTS OF QUÉBEC: To the extent permitted by applicable law, each party may bring a Claim against the other only on an individual basis and waives any right it may have to bring or participate in a class, collective or representative proceeding or a joinder or consolidation of its Claim with a Claim of another person. If you do not agree to these terms, do not activate or use your Card and immediately contact our Customer Service.


Governing Laws and Jurisdiction

This Agreement will be governed by and interpreted in accordance with the laws of the Province in which the Card was purchased and the federal laws of Canada applicable therein. In the event of a dispute that is not covered by the Arbitration Clause set forth above, you agree that the courts in the Province in which the Card was purchased shall be competent to hear such dispute and you agree to be bound by any judgement of those courts.

FOR RESIDENTS OF QUÉBEC ONLY: The parties attorn to the jurisdiction of Québec and this Agreement shall be governed by an interpreted in accordance with the laws of the province of Québec and the federal laws of Canada applicable therein.


Language

You acknowledge that a French version of this document is available to you.


Survival

The following clauses shall survive the termination of this Agreement, bankruptcy of any party, expiration of your Card: Liability for Failure to Complete Transactions, Invalidity, Limitation of Liability and No Class Proceeding.


This Cardholder Agreement is effective 01/2016