Description of New York Deals
New York Deals may offer vouchers ("Voucher(s)") that are redeemable for goods or services ("Product(s)") by the seller of such goods and services (the "Merchant"), as described more fully on the New York Deals website(s) (the “Site”). By placing an order within New York Deals, you make an offer to New York Deals to purchase the Voucher you have selected on the terms and conditions stated in the Voucher (the "Offer") and this Agreement.
Once your payment is processed, you will be sent a Voucher to the email address listed in your Account contact information. Your Voucher will also be accessible through your Account. Each Offer's redemption details differ and should be read carefully before making a purchase of a Voucher. Neither New York Deals nor the Merchant is responsible for lost or stolen Vouchers. The Merchant, not New York Deals, is the seller of the Products and is solely responsible for redeeming any Voucher you purchase. New York Deals sells the Voucher that can be used to redeem the Products from the Merchant. Your total price will be the price of the Voucher you purchase from New York Deals and is exclusive of sales tax. New York Deals reserves the right to change prices and availability of Vouchers at any time. New York Deals is not responsible for typographic errors in connection with the Service. If a price is materially incorrect when you purchase a Voucher, you will be entitled to a refund of the difference. You will not be entitled to any refund for price drops or promotional offerings occurring after the time of your purchase. Sales tax will be collected, where applicable, upon redemption of the Voucher by the Merchant. If gratuities are included in the purchase price of the Voucher, this will be made clear in the Offer. If not mentioned, gratuities are not included.
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- Use of the Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable state and federal laws.
- The Voucher cannot be combined with any other vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by the Merchant.
- Only one Voucher can be used per order unless otherwise specified by the Merchant.
- Restaurant-specific Vouchers cannot be used for taxes, tips, or prior balances, unless permitted by the Merchant.
- If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash, or new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value if the amount that you paid for the Voucher exceeds the amount you redeemed.
- The Voucher may be applied only to merchandise sold by the Merchant and may not be applied to shipping or handling charges.
- As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by you, caused in whole or in part by the Merchant or Product, as well as for any unclaimed property liability arising from unredeemed Vouchers.
- Under the laws of some states, including possibly the state in which you purchased your Voucher or the state in which you wish to redeem your Voucher, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the amount you actually paid for your Voucher (not the face value of the Voucher) for a period of time that may extend beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at the Merchant for the promotional offer, state laws may provide that the Merchant is responsible for honoring the cash value that you actually paid for your Voucher for a period of time that extends beyond the expiration date stated on the Voucher. If applicable, this requirement applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of New York Deals) to comply with such applicable laws and statutes which may govern the Merchant.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or New York Deals. You may also have additional rights under applicable law.
No Ongoing Obligations. Notwithstanding any other provision of these Terms, New York Deals and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to all or any part of the Service at any time without notice to you.
Assistance with Orders. For assistance with billing questions or other purchase inquiries, please contact Customer Service. If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page. Refund Policy. Certain restrictions apply to sales of Vouchers sold through the Service that might not otherwise apply to physical goods. Refunds will not be issued due to your dissatisfaction with the Voucher or underlying Product. If you feel you qualify for a refund please contact ' Customer Service. Refunds or credits will be issued solely at New York Deals' discretion.
TERM AND TERMINATION
Termination by New York Deals. If you fail, or New York Deals suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of fees due, failure to provide New York Deals with a valid payment method or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the terms of Offer, New York Deals, at its sole discretion, without notice to you may: (i) terminate these Terms and your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and (ii) preclude access to the Service (or any part thereof). No such termination by New York Deals shall limit any other rights New York Deals may have in law or at equity.
Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to New York Deals. New York Deals reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or New York Deals will result in your permanent inability to access your Account, including, without limitation, any Vouchers stored within your Account.
Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections: Account and Password; Additional Terms for Use of Vouchers; Electronic Signatures and Contracts; No Ongoing Obligations; Term and Termination; Disclaimer of Warranties; Liability Limitations; Indemnity; Other Legal Terms and Miscellaneous will survive, along with any other terms which by their nature are intended to survive.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
Disclaimer of Warranties. New York DEALS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON OR THE VOUCHERS OR PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME New York DEALS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL VOUCHERS, PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY New York DEALS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Liability Limitations. IN NO CASE SHALL New York DEALS, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "New York MEDIA PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES AND ALL VOUCHERS, PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, VOUCHER OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE New York MEDIA PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE VOUCHERS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE New York MEDIA PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. By using the Service, you agree to indemnify and hold the New York Media Parties harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or through your Account or your use or access of the Service in a manner other than as authorized by New York Media. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.