Customer General Terms & Conditions
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Localvore.co End User General Terms & Conditions
Last Updated September 11, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Localvore.co website and the Localvore mobile application (together, or individually, the "Service") operated by Localvore Inc ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications (except transactional emails that are a required part of our business) from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
At times the marketing material we send out might have an error. We reserve the right to make an error in our marketing material – though we make all attempts to be as accurate as possible. That being said the price of the voucher you purchase and the promotional price stated in the cart and on the voucher at the time of purchase are the prices we will honor.
By placing an order for a Localvore Inc. Deal, you are making an offer through Localvore Inc. Inc. ("Localvore Inc.", "us" or "we") to purchase a voucher (the "voucher") from a third party merchant (the "Merchant") which are bound by these terms and any such terms as shown in the ‘fine print’ section of the voucher.
Your offer to purchase the Voucher will be deemed accepted once we email you a copy of it together with a redemption code. The Voucher can only be redeemed by the Merchant, and only for the promotional value indicated on the Voucher before the promotional value time period ends (as indicated on the Voucher). If the Voucher does not indicate a promotional value end date, the promotional value end date will be one year from your date of purchase.
Nevertheless, you can still redeem the Voucher for the value you paid for it less any value you already received (the "Net Face Value") for at least up to five (5) years after the date you purchased it. In states that forbid the Voucher from expiring at all, you can redeem the Voucher for the Net Face Value at any time. If you redeem the Voucher for the Net Face Value, the Merchant may be able to choose to provide the Net Face Value in cash or credit, depending on applicable law.
For example, if you paid $25 for a Voucher that had a one (1) year promotional value of $50, you may apply that Voucher for $50 worth of specified goods or services during that one (1) year promotional period. After that first year, you will still be able to redeem the $25 you paid for the Voucher for at least five (5) years, and longer in certain states.
Please contact us to request a refund of the Net Face Value if the Merchant refuses to honor your redemption for the full value required under applicable law.
Finally, please note that we provide your name, the date and time of your purchase, and your redemption code to the Merchant in order to allow the Merchant to redeem your Voucher.
Unless otherwise set forth in the Deal Terms or required under applicable law, the following additional restrictions apply:
● You cannot apply the Voucher toward gratuity, shipping, or handling charges;
● You cannot create multiple copies of your Voucher or resell it;
● You cannot redeem your Voucher in combination with other offers;
● You cannot redeem your Voucher in part and receive credit/cash back for the balance, other than for redemptions for Net Face Value, as described in Section 1 above;
● If the Merchant is a restaurant, you cannot use the Voucher toward the purchase of alcohol unless permitted by the Merchant, and only to the extent permitted under applicable law;
● If the Merchant is a restaurant, you cannot use your Voucher for "take out" or delivery orders unless permitted by the Merchant;
The Voucher will be void if you attempt to redeem it in violation of the Terms. The Voucher will be void to the extent that its redemption is prohibited by law, as determined in Localvore Inc.'s sole discretion.
2.A-3. ROLES AND RESPONSIBILITIES
Localvore Inc. markets and sells the Voucher as an agent of the Merchant, which issues the Voucher and is responsible for redeeming it. As such, Localvore Inc. is not responsible for redeeming the Voucher or any damages or claims arising from the Voucher or its redemption. To the extent permitted under applicable laws, you hereby release Localvore Inc. from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to redeem the Voucher. You agree that you will bring all claim, causes of action or disputes (a "Claim") arising from the redemption of the Voucher or your attempt to redeem it to or against the Merchant, and not Localvore Inc..
2.A-4. NO WARRANTIES
LOCALVORE INC. MAKES NO WARRANTIES AS TO THE MERCHANT OR THE PRODUCTS OR SERVICES THAT IT OFFERS. Localvore Inc. DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTIBILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU IN CONNECTION WITH THE VOUCHER. AS BETWEEN LOCALVORE INC.AND YOU, YOU AGREE THAT YOU ARE PURCHASING AND USING THE MERCHANT'S PRODUCTS AND SERVICES AT YOUR SOLE RISK.
2.A-5. LIMITATIONS OF LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE GENERAL TERMS OR THE PURCHASE OF THE VOUCHER. IN ADDITION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN THE AGGREGATE FOR ANY DAMAGES HEREUNDER, REGARDLESS OF FORM, IN EXCESS OF THE AMOUNT OF THE MONEYS PAID BY YOU FOR THE VOUCHER.
You agree to defend, indemnify and hold harmless Localvore Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to (i) your breach of the General Terms, (ii) your use and access to Localvore Inc.'s website.
3. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
4. Contests, Sweepstakes and Promotions