Digital Gift Card Terms & Conditions

1. Parties and Scope

These Digital Gift Card Terms & Conditions ("Terms") govern the purchase, issuance, and redemption of digital gift cards ("Gift Cards") sold by individual restaurants or merchants ("Merchant") through the online platform operated by the platform provider ("Platform").

The Platform acts solely as a technology and payment facilitation provider and is not the seller, issuer, or obligor of any Gift Card.

All Gift Cards are issued directly by the Merchant, and all rights and obligations related to the Gift Cards exist solely between the Merchant and the purchaser or holder of the Gift Card ("Customer").

2. Acceptance of Terms

By purchasing, receiving, or using a Digital Gift Card, the Customer agrees to be bound by these Terms and by any additional terms, policies, or restrictions established by the issuing Merchant.

3. Nature of Digital Gift Cards

• Digital Gift Cards have no cash value and may not be redeemed for cash, except where required by applicable law.
• Gift Cards may only be redeemed with the issuing Merchant and for eligible goods or services as determined by the Merchant.
• Gift Cards may not be used to purchase other gift cards unless expressly permitted by the Merchant.

4. Purchase and Delivery

• Gift Cards are delivered electronically (e.g., email, SMS, or account access) after successful payment authorization.
• The Customer is responsible for providing accurate recipient information.
• Neither the Platform nor the Merchant is responsible for Gift Cards delivered to an incorrect or inaccessible email address or phone number provided by the Customer.

5. Redemption and Use

• Gift Cards may be redeemed in accordance with the Merchant's redemption rules and restrictions.
• Gift Cards may be used in full or in part, depending on the Merchant's policies.
• Gift Cards may not be valid for third-party delivery services, service fees, tips, taxes, or promotional discounts unless explicitly stated by the Merchant.

6. Expiration and Fees

• Expiration dates and any applicable fees are determined solely by the Merchant and must comply with applicable state and federal laws governing gift cards in the Merchant's jurisdiction.
• The Platform does not set, control, or enforce expiration policies or fees.

7. Refunds and Cancellations

• All sales of Digital Gift Cards are final and non-refundable, except as required by applicable law or as expressly permitted by the issuing Merchant.
• Refunds, if any, are the sole responsibility of the Merchant.
• The Platform does not process or guarantee refunds.

8. Lost, Stolen, or Unauthorized Use

• Gift Cards should be treated like cash.
• Neither the Merchant nor the Platform is obligated to replace Gift Cards that are lost, stolen, destroyed, or used without authorization, except where required by law.
• The Platform bears no responsibility for unauthorized use of Gift Cards.

9. Balance Inquiries and Errors

• Gift Card balances and transaction histories are determined based on the Merchant's records and systems.
• Any disputes regarding balances or transactions must be resolved directly between the Customer and the Merchant.

10. Platform Disclaimer and Limitation of Liability

The Platform:

• Does not issue Gift Cards
• Does not guarantee the Merchant's performance
• Does not provide goods or services redeemed with Gift Cards
• Does not assume responsibility for Merchant insolvency, closure, refusal to honor a Gift Card, or quality of goods or services

To the maximum extent permitted by law, the Platform shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to any Gift Card, including but not limited to loss of value or inability to redeem.

11. Merchant Responsibility

Each Merchant is solely responsible for:

• Honoring valid Gift Cards
• Compliance with applicable gift card laws and consumer protection regulations
• Handling refunds, disputes, and customer service related to Gift Cards

Customers acknowledge that any claims or disputes must be brought directly against the issuing Merchant, not the Platform.

12. Governing Law

These Terms, and any disputes arising out of or related to a Digital Gift Card, shall be governed by and construed in accordance with the laws of the state in which the issuing Merchant is located, without regard to conflict-of-law principles.

The Platform's place of business in Illinois does not create jurisdiction or liability for the Platform in connection with any Gift Card dispute.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Contact Information

All questions, disputes, or claims regarding Digital Gift Cards must be directed to the issuing Merchant. The Platform does not provide customer support for Gift Card-related issues.