The following Terms and Conditions govern your Museum of Fine Arts Gift Card. By using the Card, you agree to these Terms and Conditions. Please keep a copy of this Agreement for your records.
About Your Gift Card: Museum of Fine Arts (MFA) Purchases Only
The MFA Gift Card is issued to you by The Museum of Fine Arts. The dollar value that you load onto your Card is a prepayment for goods and services to be purchased at the Museum. Currently, Gift Cards may be used for admission tickets, audio guides, memberships, and purchases at the Museum’s restaurants and retail stores. Some services, such as parking, are excluded. The Gift Card may not be used for purchases from the Museum’s online store or from any other museum or retailer. We may change the list of goods and services for which Cards may be used from time to time. If we do so, we will change these Terms and Conditions.
You must present your MFA Gift Card at the time you wish to use it.
We reserve the right to limit the use of or refuse to accept any MFA Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
No credit card, credit line, overdraft protection or deposit account is associated with the MFA Gift Card. Unless otherwise required by law or permitted by this Agreement, the dollar value loaded on your MFA Gift Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to an MFA Gift Card will accrue or be paid or credited to you by the MFA. The value associated with the MFA Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
Loading Value on Your Card
You may load and reload your MFA Gift Card at the Museum’s retail store with a dollar value between $10 and $500, subject to a maximum card value of $500. Your Card must be present in order to reload it.
Fees and Expiration of Card Balances
The MFA does not charge any fees for the issuance, activation or use of your MFA Gift Card. Your MFA Gift Card has no expiration date.
Cardholders are not sent statements of itemized transactions on an MFA Gift Card. You can check the balance of your MFA Gift Card wherever the MFA Gift Card is accepted or by calling 1-888-529-6578. You will need to have your MFA Gift Card available in order to access balance information. In most cases, the balance remaining on your MFA Gift Card also will appear on your receipt when you make a purchase. You should keep your receipts until the dollar value loaded on your Card has been used.
Billing Errors, Corrections
We reserve the right to correct the balance on your MFA Gift Card 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 MFA Gift Card, please call us at 1-617-369-3609. 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 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for Unauthorized Transactions
Because your MFA Gift Card is used like cash for purchases from the Museum, you are responsible for all transactions for which your Card is used, including unauthorized transactions. The Museum cannot replace your MFA Gift Card if it is lost, stolen or destroyed.
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. We will post the modified agreement on this website. To the extent permitted by applicable law, any change will become effective at the time we post the modified agreement to the website or on another date we specify in the modified agreement. You are deemed to accept the changes if (1) you do not notify us to the contrary in writing within 20 days of the date of posting or such other time as we specify on our website, or (2) you use your MFA Gift Card after such notice period. If you tell us that you do not accept the changes, your MFA Gift Card will be cancelled. If you request it in person or provide us with your name and address, we will refund any balance remaining at the time of cancellation minus any amounts that you may owe us.
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 MFA Gift Card. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance remaining on your MFA Gift Card minus any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us arising out of or relating to this Agreement or your use of the MFA Gift Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our Financial department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) as modified by this Agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. Unless you and we agree otherwise, any arbitration will take place in Boston, Massachusetts and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law – Commonwealth of Massachusetts
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding any conflict of law rules.
Disclaimers and Limits of Liability
The MFA makes no representations or warranties of any kind, express or implied, with respect to the MFA Gift Card, 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. The MFA does not represent or warrant that your MFA Gift Card will always be accessible or accepted. In the event that the MFA is found liable to you for any reason, you shall only be entitled to recover actual and direct damages. The MFA 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 the MFA have any liability for unauthorized access to, or alteration, theft or destruction of an MFA Gift 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. 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 notice to you. If we assign this Agreement, we are released from all liability under it. The assignee shall have the same rights and obligations as we had prior to the assignment.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of the agreement between you and the Museum of Fine Arts regarding the MFA Gift Card and supersedes and replaces all other agreements. In the event that any provision of this Agreement is 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. Section headings 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 MFA Gift Card, please call us at 1-617-369-3609.