inKind may, in its sole discretion, verify a user's identity prior to processing a purchase. inKind may also refuse to process a purchase, may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.
inKind does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. inKind reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, inKind will attempt to notify you by email. In addition, inKind reserves the right, in its sole discretion, to correct any error in the stated retail price of the Gift Cards or House Accounts.
inKind has a process for evaluating merchants but does not fully investigate or vet merchants. inKind is not responsible for any claims associated with any issues with Gift Card or House Account credit redemptions. You should make whatever investigation you deem necessary or appropriate before purchasing any Gift Card or House Account to determine whether merchant is qualified to provide the advertised good. Merchant is solely responsible for the care and quality of the goods and services being provided. (b) Gift Cards and House Accounts
Gift Cards and House Accounts are electronic credit certificates for specified dollar amounts that may be used to purchase items or services sold by a particular merchant (the "Merchant"), and shall be treated the same by the Merchant as any physical gift cards or other electronic gift cards that the Merchant may from time to time sell.
The Merchant is the sole issuer of the Gift Cards and House Accounts. Gift Cards and House Accounts are not redeemable for cash, unless required by law. In the event a Merchant ceases operations, you agree that your only course of action is to seek a refund from the Merchant, not from inKind.
Gift Cards and House Accounts combine two separate portions: (i) a paid portion equal to the amount you paid for the Gift Card or House Account (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Gift Card or House Account if used by the promotional expiration date detailed upon purchase (the "Promotional Portion"). The Paid Portion will never expire. The paid portion is redeemed first, then the promotional portion.
- Gift Cards and House Accounts are not redeemable for cash.
- Use of a Gift Card or House Account for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
- Gift Cards and House Accounts cannot be combined with any other coupons or promotions, unless expressly permitted by the Merchant.
- Gift Cards and House Accounts cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
- Duplicate use of Gift Cards and House Accounts is prohibited.
- Unless otherwise stated therein, the Gift Card and House Account price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift Card or House Account.
The Merchant is the issuer of the Gift Card or House Account and is solely responsible for redeeming the Gift Card or House Account for items or services sold by the Merchant and for compensating you should the Merchant cease accepting Gift Cards and/or House Accounts. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Gift Card or House Account or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards or House Accounts.
inKind is solely the marketer of the Merchant's goods or services, and may from time to time engage third parties or affiliates to administer Gift Card and House Account management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release inKind and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Gift Card or House Account or the products and/or services it provides in connection with it.
Unauthorized or unlawful reproduction, resale, modification or trade of Gift Cards and House Accounts is prohibited. Pricing relating to certain Gift Cards and House Accounts on inkind.com may change at any time in inKind's discretion, without notice.(c) Refunds
In the event the restaurant ceases operations, you will be entitled to claim the remaining amount of the paid portion of your House Account from the restaurant. The paid portion is redeemed first, then the promotional portion (for example, if you paid $500 for $600 in credit and have $200 remaining on your account, you would be entitled to a refund of $100 - being $500 less the $400 of credit you have used).