Spotify's Terms & Conditions for Gift Cards, eGift Cards, Subscription Cards, Premium Codes, PINs and Similar Items (the "Card Terms")
The following Spotify Gift Card Terms and Conditions ("Agreement") describe the terms and conditions that apply to use of Spotify Gift Cards, eGift Cards, Subscription Cards, eCards, Premium Codes, PINs and similar items (collectively, "Cards"). This Agreement is between you, the Cardholder, and Spotify USA Inc. ("Issuer"). By purchasing, accepting or using a Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.
1. Spotify's Terms and Conditions of Use Incorporated
The "Spotify Terms and Conditions of Use", which can be found at https://www.spotify.com/legal/end-user-agreement, are hereby incorporated into this Agreement. The Spotify Terms and Conditions of Use may include terms and conditions in respect of the collection and use of personal data, general provisions regarding the services offered by Issuer and/or Spotify, choice of law, mandatory arbitration (where applicable) and venue. In the event of any conflict between this Agreement and the Spotify Terms and Conditions of Use, this Agreement will govern.
2. Types of Cards
Gift Cards and eGift Cards are currency-denominated cards that contain a value or balance (e.g., $60) that is redeemable for full price standalone Premium subscription months, as provided in Section 6 below. Subscription Cards and eCards are denominated in months of Premium subscription services (e.g., 6 months) and have no value or balance. Subscription Cards and eCards are not gift cards. Premium Codes and PINs may be denominated either in a currency or in months of service.
3. Issuance of Cards; Unauthorized Sellers or Resellers
Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check (in the case of a business to business transaction) or other failure of consideration. Cards may not be resold without express written authorization from Issuer. Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers, distributors or resellers, including through Internet auction sites.
4. Card Redeemable Only for Premium Subscriptions; Cannot Be Used in Conjunction With Any Discounts
The Card is redeemable only for full price standalone Premium subscription months. Gift Cards, eGift Cards and other currency-denominated Cards cannot be redeemed for discounted or group subscriptions (such as student discounts, trial offers, Premium for families, or offers combining Premium with other companies' products or services).
5. Card Not Refundable or Redeemable for Cash
The Card is not refundable and cannot be redeemed for cash, and has no cash value, except as required by law.
6. How to Redeem Your Card
To redeem the Card, please visit www.spotify.com/redeem. In order to be eligible to redeem or use the Card, you must first have registered for a Spotify account at https://www.spotify.com/signup. In order to use or register for a Spotify account, you must comply with the applicable age (and any other) requirements set out in the Spotify Terms and Conditions of Use and you must accept the Spotify Terms and Conditions of Use.
The Card is a single-use card. Accordingly, when you redeem a Gift Card or eGift Card for a Spotify Premium subscription, the full value of the Card will be used to purchase a number of months of subscription equal to the total value of the Card, divided by the per-month subscription fee. When you redeem a Subscription Card or eCard for a Spotify Premium subscription, your Spotify account will be credited with the number of subscription months indicated on the Card.
The Card is not exchangeable for any other product or service, and can only be redeemed for the subscription services as described above.
7. Expiration/Deactivation; Fees
Cards do not expire, and no inactivity fees or service fees apply.
8. Lost, Stolen, or Unauthorized Use of Cards
Issuer is not responsible for any loss or damage resulting from lost, stolen, or fraudulently obtained Cards or their unauthorized use.
9. Issuer of the Card
The Card is issued by Issuer. Issuer is responsible for the operation and maintenance of the Card program. Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder. Issuer's affiliates and related entities or persons (including without limitation their officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, and licensors) bear no responsibility or liability for any Cards, and you hereby knowingly release such affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card.
10. Entire Agreement
This Agreement, including the Spotify Terms and Conditions of Use, constitutes the entire agreement concerning your Card. In the event of any inconsistency or conflict between this Agreement and any terms and conditions printed on any Card, this Agreement shall prevail.
11. Governing Law / Jurisdiction
This Agreement (including any non-contractual disputes/claims arising out of or in connection with this Agreement) is governed by and subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.
Further, you and Issuer agree to the exclusive jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (including any non-contractual disputes/claims relating to or arising in connection with the Agreement) and is not subject to mandatory arbitration under Section 14.
Issuer does not accept any codes of conduct as mandatory in connection with the services provided under this Agreement.
12. Changes to Agreement
Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on this webpage.
Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.
14. ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
14.1. Dispute resolution and arbitration
You and Issuer agree that any dispute, claim, or controversy between you and Issuer arising in connection with or relating in any way to this Agreement or to your relationship with Issuer as a user of the Card (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) will be determined by mandatory binding individual (not class) arbitration. You and Issuer further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.
Notwithstanding the clause above (14.1.), you and Issuer both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not prevent you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
14.3 Class action waiver and severability
YOU AND ISSUER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Issuer agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If a court decides that applicable law precludes enforcement of any term in this Agreement other than this Section 14.3, then such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced.
14.4 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Issuer will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Issuer agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Issuer can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, Issuer will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Issuer will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
14.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Issuer's address for Notice is: Spotify USA Inc., Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Issuer may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Issuer shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Issuer's last written settlement offer, then Issuer will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 11 shall govern any claim in court arising out of or related to the Agreement.
15. Limitation of Liability
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
For assistance and questions regarding your Card, including balance inquiries, please visit support.spotify.com.