AuBonCard Terms and Conditions

By using your Au Bon Pain gift card (also referred to as your "AuBonCard"), you agree to terms and conditions set forth below.

Billing Errors, Corrections

We reserve the right to correct the balance of your AuBonCard account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your AuBonCard, please call customer service at 866-573-8404. 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.

Registration; Liability for Unauthorized Transactions

Because your AuBonCard is used like cash for purchases from Au Bon Pain, you are responsible for all transactions associated with your AuBonCard, including unauthorized transactions. However, if your AuBonCard is lost, stolen, or destroyed, the card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us. To register your card, please visit our web site at www.aubonpain.com/gift-cards. Please notify us immediately if you change any of your registration information. If your AuBonCard becomes lost, stolen or damaged, you should contact us immediately at call 866-573-8404. Your AuBonCard balance is only protected from the point in time you notify us that it is missing. We will freeze the remaining balance on your AuBonCard at the time you notify us and will load that remaining balance on your replacement AuBonCard, which we will provide at no charge.

Privacy Statement

For information concerning how we collect, use and disclose information concerning the AuBonCard and how to select privacy preferences regarding certain promotional communications, refer to our privacy statement at www.aubonpain.com/privacy-policy, or call 866-573-8404 and request a hard copy.

Changes to This Agreement

We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your AuBonCard, we will notify you of any change, addition or deletion by email. In addition, we will post the terms to the modified agreement in our cafés and on our web site at www.aubonpain.com/gift-cards. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or generally in our cafés 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 AuBonCards. 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 AuBonCard after such notice period. If you do not accept the changes, additions or deletions, your AuBonCard will be cancelled and any amounts remaining on your AuBonCard will be refunded to you.

Cancellation of This Agreement

We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the AuBonCard. If we terminate this agreement without cause, we will refund or issue café credits equal to the balance held in your AuBonCard account less any amounts that you may owe us.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Virginia notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability

AU BON PAIN AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE AUBONCARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. AU BON PAIN DOES NOT REPRESENT OR WARRANT THAT YOUR AUBONCARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IN THE EVENT THAT AU BON PAIN 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 AUBONCARD. AU BON PAIN 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 THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AU BON PAIN OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF AN AUBONCARD 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.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement; Construction

This agreement is the complete and exclusive statement of agreement between you and Au Bon Pain and its affiliates, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Inquiries or Questions

If you have any questions regarding this agreement or your AuBonCard, please write us at storedvaluecards@aubonpain.com or call us at 866-573-8404.

The AuBonCard allows you to load a dollar value on to your AuBonCard for future purchases at participating Au Bon Pain cafés. The dollar value that you load onto your AuBonCard is a pre-payment only for goods offered at participating Au Bon Pain cafés. This is not a credit card and no credit line, overdraft protection, or deposit account is associated with an AuBonCard. Unless otherwise required by law or permitted by this agreement, any amount on your AuBonCard is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to an AuBonCard will accrue or be paid or credited to you by Au Bon Pain. The value associated with the AuBonCard is not insured by the Federal Deposit Insurance Corporation (FDIC).

We reserve the right not to accept any AuBonCard or otherwise limit use of an AuBonCard if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.