Terms of Use
Email us with any questions.
inKind Pass and House Account purchases are facilitated by inKind Cards, Inc.
Visiting us from Australia? Check out our Aussie terms and conditions here.
By accessing or using our website, inkind.com or any subdomain thereof, inkindcapital.com or any subdomain thereof, any other inKind website, or the inKind mobile applications ("IK Sites & Apps"), you acknowledge that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you may make a purchase. In addition to these Terms of Use, you may enter into other agreements with inKind Cards Inc., or its subsidiaries and affiliates (collectively, "us" or "inKind") or others that will govern your use of IK Sites & Apps or related services offered by us or others. As used herein, "Users" means anyone who accesses or uses IK Sites & Apps.
These Terms of Use incorporate the inKind privacy policy, which is available to view here: privacy policy.
Amendments to Terms of Use
We reserve the right to modify these Terms of Use at any time in our sole discretion. Any changes to these Terms of Use will become effective immediately upon the posting thereof. Please regularly review these Terms of Use to keep yourself apprised of any changes. Your continued use of IK Sites & Apps following the posting of changes will constitute your acceptance of the revised Terms of Use.
Credit Purchases
(a) Purchasing
inKind may, in its sole discretion, verify a user's identity prior to processing a purchase. inKind may also refuse to process a purchase or may cancel a purchase, as inKind reasonably deems 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 Use. Refunds for cancelled orders may be issued in inKind's sole judgment.
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 inKind Pass 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 inKind Pass or House Account credit redemptions. You should investigate as you deem necessary or appropriate before purchasing any inKind Pass or House Account to determine whether the merchant is qualified to provide the advertised goods and services. The Merchant is solely responsible for the care and quality of the goods and services being provided.
(b) inKind Pass and House Accounts
inKind Pass 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. Gift Cards and House Accounts are not redeemable for cash, unless required by law.
Whereas inKind Pass may be redeemed at any location on the inKind network, House Accounts may only be redeemed at the particular Merchant for whom the User purchased such House Account. Merchant is the issuer of the House Accounts and is solely responsible for redeeming the House Accounts for items or services sold and for compensating you should the Merchant cease accepting House Accounts. In the event a Merchant ceases operations, you agree that your only course of action is to seek a House Account refund from the Merchant, not from inKind.
inKind Pass and House Accounts combine two separate portions: (i) a portion equal to the amount you paid (the "Paid Portion"); and (ii) an unpaid promotional portion equal to the balance of the value of the inKind Pass or House Account (the "Promotional Portion"). The Paid Portion will never expire. The Promotional Portion expires three (3) years from the purchase date. The Paid Portion is redeemed before the Promotional Portion.
Unauthorized or unlawful reproduction, resale, modification or trade of inKind Pass and House Accounts is prohibited. Pricing relating to certain inKind Pass and House Accounts on IK Sites & Apps may change at any time in inKind's discretion, without notice.
By purchasing an inKind Pass or a House Account, you agree to any additional deal-specific terms advertised at the time of purchase (the "fine print" regardless of how labeled), and these Terms of Use. These rules apply to all purchases, except as otherwise required by law. Any attempt to redeem an inKind Pass or House Account in violation of the Terms of Use may result in a reversed transaction and/or the suspension or revocation of your inKind account and any remaining associated Credit.
(c) inKind Subscriptions
You must be eighteen (18) years of age to agree to the subscription program and you are attesting to that fact by clicking the "Subscribe" button.
You are authorizing inKind, to bill your credit card on file on the same date each month or year for the amount specified during checkout and in your inKind app in the Subscription Management section of your Settings until such time as you may cancel your subscription. For subscriptions commencing with a promotional or trial period, your first billing date will be indicated in an email sent to you upon sign-up as well as in the inKind app in the Subscription Management section of your Settings. For months in which your billing date falls on a date not contained in a certain month (if applicable), you will be charged on the first day of the following month.
You are able to see your next monthly billing date in your User profile, and you are able to change the credit card on file at any time. If your payment is declined for any reason, inKind will suspend your subscription until a new credit card is placed on file. You must cancel your subscription in advance of the next billing date to avoid being charged for the following month. You may choose to cancel your subscription renewal anytime by referring to our Cancellation Policy. Should you cancel your subscription, and restart your subscription at a later date, the application of any promotions applied to new subscriptions to your account will be at the sole discretion of inKind.
Upon registering a new credit card with inKind, you authorize inKind to continue to bill your monthly subscription fee until such time as you cancel your subscription. Your credit card company may charge you various fees. inKind is not responsible for any such fees, and you should review your policy with your credit card company to see what, if any, fees are applicable.
Refunds are generally not permitted, except in extraordinary circumstances. If you wish to request a refund for such a circumstance, you must submit a Customer Service Ticket by either emailing support@inkind.com or by using the Support & Help feature in the inKind app which is accessible through your User profile. It is in inKind's sole and absolute discretion whether to provide a refund, and, if so, in what amount.
While subscribed, you will earn Credit Back (as specified in the inKind app) on all food and beverage charges on your bill paid via a credit card through the inKind mobile app. Credit Back will be automatically deposited into your Credit Back balance in your inKind account.
No Credit Back will be earned on tips, gratuities, delivery or service fees, or any portion of the bill covered by discounts, bonuses, previously earned Credit Back, or pre-paid balances.
Subscription Cancellation Policy: You must cancel your subscription in advance of the next billing date to avoid being charged for the following month. To cancel your subscription at any time via the inKind app, you may visit the Subscription Management section of your Settings and click on "Cancel Subscription". You may also contact support@inkind.com no less than seventy-two (72) hours in advance of your subscription renewal date with your request to cancel your subscription.
(d) Merchant Liability
Merchant is 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 an inKind Pass or House Account or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed House Accounts.
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 House Account or the products and/or services Merchant provides in connection with it.
(e) Refunds
Refunds may be requested within 30 days of the purchase date. A full refund will only be granted provided none of the associated credit has been used.
If inKind permits any refund for partially used credit, the customer will be deemed to have used the Paid Portion first and will forgo any promotional credit granted.
(f) Merchant Closures/Bankruptcies
In the event a restaurant in which you hold a House Account ceases operations, you will be entitled to claim the value of your remaining credit in the same manner as any other gift card creditor in accordance with applicable law.
Registration and Account Security
In consideration of your use of IK Sites & Apps and in order to best keep your account information safe, you agree to (a) provide accurate, current, and complete information, (b) keep your password secure, (c) update any information as necessary, and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Intellectual Property Rights
All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "Content"), other than User Content (as defined below), are the property of inKind and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent.
Use License
You are hereby granted a limited license to access and use the IK Sites & Apps for personal, non-commercial, transitory viewing only. Under this license, you may not:
This license shall automatically terminate if you violate any of the above restrictions.
We may terminate this license for any reason at our sole discretion.
Trademarks
"inKind" and its logo, and any other inKind marks (collectively, "inKind Trademarks") constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on IK Sites & Apps may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on IK Sites & Apps unless in accordance with written authorization by us. The use of any of the inKind Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. Any questions concerning any inKind Trademarks, or whether any mark or logo is an inKind Trademark, should be referred to us.
User Content Agreement
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you on IK Sites & Apps will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You further agree not to use electronic or other means to collect email addresses or other contact information of Users for the purposes of sending unsolicited communications. Additionally, you agree not to create any automated user-generated content or use automated scripts to collect information from IK Sites & Apps or for any other purpose. You further agree that you may not use inKind in any unlawful manner or in any other manner that could damage, disable, overburden, or impair IK Sites & Apps.
In addition, you agree not to use IK Sites & Apps to:
User Content Posted on IK Sites & Apps
You are solely responsible for the content that you post on IK Sites & Apps or transmit to or share with other Users ("User Content"). You understand and agree that we may, but are not obligated to, review and delete or otherwise remove (without notice) any User Content in our sole discretion.
By posting User Content to any part of IK Sites & Apps, you are deemed to grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with IK Sites & Apps or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from IK Sites & Apps at any time. However, if you choose to remove your User Content, the license granted above will not expire.
Links to Third Party Websites
From time to time IK Sites & Apps may contain links to websites that are controlled, owned, or operated by third parties ("Third-Party Sites"). We do not take any responsibility for any content provided on Third-Party Sites, nor do we make any representation or warranty, express or implied, regarding the accuracy of the content on any Third-Party Site. You acknowledge and agree that your use of any Third-Party Sites is governed by the terms of use for those websites, and not by these Terms of Use. We do not endorse any Third-Party Sites that have links on our websites or any products or services offered by such sites. We provide the links for your convenience and you access them at your own risk. Any Third-Party Sites may have substantially different privacy policies and be less secure than our own. We shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on such sites or otherwise.
Copyright Complaints
If you are the owner or controller of any copyright that you believe is being infringed by material on IK Sites & Apps, you may send a written notification under the Digital Millennium Copyright Act (via mail or email) of such alleged infringement to:
Attn: Compliance Officer
inKind
600 Congress Ave
Ste 1700
Austin TX 78704
Or email: compliance@inkind.com
The notice must meet the notice requirements under the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act and other applicable law, inKind has a policy of terminating, at its sole discretion, the registrations of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to IK Sites & Apps afforded to any Users who infringe on the intellectual property rights of others.
Service Use Technical Requirements
In order to use inKind's services and redeem food and beverage credit, You must own or have access to a smartphone with active wireless internet connectivity. Functionality of the inKind mobile application is dependent on You keeping your smartphone current with the latest updates and security patches to your operating system as well as to the latest version of the inKind app. We do not support older mobile operating systems and, if You use an older operating system, You may not be able to access the app and/or redeem credit.
Privacy & Marketing
For how we treat your data and for information regarding our marketing communications, please visit our Privacy Policy.
Standard messaging rates apply to your entry or submission message to any inKind text message service, our confirmation, and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider.
Use of Personally Identifiable Information
Please see our Privacy Policy.
Disclaimer of Warranties
WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT ON IK SITES & APPS, AND WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
IK SITES & APPS AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE OUTCOME OF YOUR USE OF THE CONTENT. WE DO NOT WARRANT THAT IK SITES & APPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND IK SITES & APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL OFFERINGS OR RELATED TRANSACTIONS WITHOUT PRIOR NOTICE TO YOU. IK SITES & APPS COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF IK SITES & APPS IS AT YOUR OWN RISK.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, NOR ANY THIRD-PARTY PROVIDERS TO THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF IK SITES & APPS, OR WITH A USER'S DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH IK SITES & APPS, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN ANY CASE, INKIND AND ITS AFFILIATES' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500).
Indemnification
You agree to indemnify, defend, and hold inKind, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through IK Sites & Apps, your use of IK Sites & Apps, your conduct in connection with IK Sites & Apps or with other Users of IK Sites & Apps, or any violation of these Terms of Use or of any law or the rights of any third party.
Consent to Electronic Disclosures
inKind can only give you the benefits of our service by conducting most of our business through the Internet. By agreeing to these Terms of Use you hereby consent to do business and receive all disclosures, notices, documents and information, including Schedule K-1s, ("Communications") from us in relation to all of your interactions and transactions on IK Sites & Apps electronically and acknowledge that this agreement satisfies Revenue Procedure 2012-17 which requires affirmative consent to electronic delivery of Schedule K-1s.
To access and retain the Communications electronically, you will need to use a computer with a current version of Microsoft Edge, Firefox, Google Chrome or similar software, and hardware capable of running this software. By agreeing to these Terms of Use you hereby acknowledge that you can access the electronic Communications in these formats.
You may withdraw your consent to receive Communications electronically by contacting us via email at support@inkind.com with the subject heading "Electronic Disclosures". The withdrawal of your consent will not affect the legal validity and enforceability of any pending purchase you may have on IK Sites & Apps, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
You may also elect to receive paper copies of any Communications by contacting us at the email address stated above.
Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
Governing Law; Venue
These Terms of Use and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with the laws of the State of Delaware without regard to conflict-of-laws principles.
Any dispute or claim relating in any way to your use of IK Sites & Apps, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.
The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules, but in no event will we pay for attorneys' fees.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Availability
IK Sites & Apps is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to applicable law or regulation. By offering IK Sites & Apps and Content, we make no distribution or solicitation to any person to use IK Sites & Apps or Content in jurisdictions where the provision of IK Sites & Apps and/or Content is prohibited by law.
Other Agreements
These Terms of Use shall be subject to any other agreements you have entered into with us.
Additional Terms
Certain sections or pages on IK Sites & Apps may contain separate terms and conditions of use, which are in addition to the terms and conditions of these Terms of Use. In the event of a conflict, those additional terms and conditions will govern those sections or pages of IK Sites & Apps.
General Provisions
If any provision of these Terms of Use is found to be invalid or unenforceable, the provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use supersede any previous Terms of Use to which you and we may have been bound. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall be deemed to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
Visiting us from Australia? Check out our Aussie terms and conditions here.
By accessing or using our website, inkind.com or any subdomain thereof, inkindcapital.com or any subdomain thereof, any other inKind website, or the inKind mobile applications ("IK Sites & Apps"), you acknowledge that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you may make a purchase. In addition to these Terms of Use, you may enter into other agreements with inKind Cards Inc., or its subsidiaries and affiliates (collectively, "us" or "inKind") or others that will govern your use of IK Sites & Apps or related services offered by us or others. As used herein, "Users" means anyone who accesses or uses IK Sites & Apps.
These Terms of Use incorporate the inKind privacy policy, which is available to view here: privacy policy.
Amendments to Terms of Use
We reserve the right to modify these Terms of Use at any time in our sole discretion. Any changes to these Terms of Use will become effective immediately upon the posting thereof. Please regularly review these Terms of Use to keep yourself apprised of any changes. Your continued use of IK Sites & Apps following the posting of changes will constitute your acceptance of the revised Terms of Use.
Credit Purchases
(a) Purchasing
inKind may, in its sole discretion, verify a user's identity prior to processing a purchase. inKind may also refuse to process a purchase or may cancel a purchase, as inKind reasonably deems 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 Use. Refunds for cancelled orders may be issued in inKind's sole judgment.
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 inKind Pass 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 inKind Pass or House Account credit redemptions. You should investigate as you deem necessary or appropriate before purchasing any inKind Pass or House Account to determine whether the merchant is qualified to provide the advertised goods and services. The Merchant is solely responsible for the care and quality of the goods and services being provided.
(b) inKind Pass and House Accounts
inKind Pass 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. Gift Cards and House Accounts are not redeemable for cash, unless required by law.
Whereas inKind Pass may be redeemed at any location on the inKind network, House Accounts may only be redeemed at the particular Merchant for whom the User purchased such House Account. Merchant is the issuer of the House Accounts and is solely responsible for redeeming the House Accounts for items or services sold and for compensating you should the Merchant cease accepting House Accounts. In the event a Merchant ceases operations, you agree that your only course of action is to seek a House Account refund from the Merchant, not from inKind.
inKind Pass and House Accounts combine two separate portions: (i) a portion equal to the amount you paid (the "Paid Portion"); and (ii) an unpaid promotional portion equal to the balance of the value of the inKind Pass or House Account (the "Promotional Portion"). The Paid Portion will never expire. The Promotional Portion expires three (3) years from the purchase date. The Paid Portion is redeemed before the Promotional Portion.
- Use of inKind Pass or a House Account for alcoholic beverages depends on applicable law.
- inKind Pass and House Accounts cannot be combined with any other coupons or promotions, unless expressly permitted by the Merchant.
- inKind Pass and House Accounts cannot be used for tips, prior balances, shipping or handling, room charges, administrative fees, or other charges or fees as applicable.
- Duplicate use of inKind Pass and House Accounts is prohibited.
- Unless otherwise stated therein, the inKind Pass 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 of redemption.
Unauthorized or unlawful reproduction, resale, modification or trade of inKind Pass and House Accounts is prohibited. Pricing relating to certain inKind Pass and House Accounts on IK Sites & Apps may change at any time in inKind's discretion, without notice.
By purchasing an inKind Pass or a House Account, you agree to any additional deal-specific terms advertised at the time of purchase (the "fine print" regardless of how labeled), and these Terms of Use. These rules apply to all purchases, except as otherwise required by law. Any attempt to redeem an inKind Pass or House Account in violation of the Terms of Use may result in a reversed transaction and/or the suspension or revocation of your inKind account and any remaining associated Credit.
(c) inKind Subscriptions
You must be eighteen (18) years of age to agree to the subscription program and you are attesting to that fact by clicking the "Subscribe" button.
You are authorizing inKind, to bill your credit card on file on the same date each month or year for the amount specified during checkout and in your inKind app in the Subscription Management section of your Settings until such time as you may cancel your subscription. For subscriptions commencing with a promotional or trial period, your first billing date will be indicated in an email sent to you upon sign-up as well as in the inKind app in the Subscription Management section of your Settings. For months in which your billing date falls on a date not contained in a certain month (if applicable), you will be charged on the first day of the following month.
You are able to see your next monthly billing date in your User profile, and you are able to change the credit card on file at any time. If your payment is declined for any reason, inKind will suspend your subscription until a new credit card is placed on file. You must cancel your subscription in advance of the next billing date to avoid being charged for the following month. You may choose to cancel your subscription renewal anytime by referring to our Cancellation Policy. Should you cancel your subscription, and restart your subscription at a later date, the application of any promotions applied to new subscriptions to your account will be at the sole discretion of inKind.
Upon registering a new credit card with inKind, you authorize inKind to continue to bill your monthly subscription fee until such time as you cancel your subscription. Your credit card company may charge you various fees. inKind is not responsible for any such fees, and you should review your policy with your credit card company to see what, if any, fees are applicable.
Refunds are generally not permitted, except in extraordinary circumstances. If you wish to request a refund for such a circumstance, you must submit a Customer Service Ticket by either emailing support@inkind.com or by using the Support & Help feature in the inKind app which is accessible through your User profile. It is in inKind's sole and absolute discretion whether to provide a refund, and, if so, in what amount.
While subscribed, you will earn Credit Back (as specified in the inKind app) on all food and beverage charges on your bill paid via a credit card through the inKind mobile app. Credit Back will be automatically deposited into your Credit Back balance in your inKind account.
No Credit Back will be earned on tips, gratuities, delivery or service fees, or any portion of the bill covered by discounts, bonuses, previously earned Credit Back, or pre-paid balances.
Subscription Cancellation Policy: You must cancel your subscription in advance of the next billing date to avoid being charged for the following month. To cancel your subscription at any time via the inKind app, you may visit the Subscription Management section of your Settings and click on "Cancel Subscription". You may also contact support@inkind.com no less than seventy-two (72) hours in advance of your subscription renewal date with your request to cancel your subscription.
(d) Merchant Liability
Merchant is 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 an inKind Pass or House Account or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed House Accounts.
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 House Account or the products and/or services Merchant provides in connection with it.
(e) Refunds
Refunds may be requested within 30 days of the purchase date. A full refund will only be granted provided none of the associated credit has been used.
If inKind permits any refund for partially used credit, the customer will be deemed to have used the Paid Portion first and will forgo any promotional credit granted.
(f) Merchant Closures/Bankruptcies
In the event a restaurant in which you hold a House Account ceases operations, you will be entitled to claim the value of your remaining credit in the same manner as any other gift card creditor in accordance with applicable law.
Registration and Account Security
In consideration of your use of IK Sites & Apps and in order to best keep your account information safe, you agree to (a) provide accurate, current, and complete information, (b) keep your password secure, (c) update any information as necessary, and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Intellectual Property Rights
All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "Content"), other than User Content (as defined below), are the property of inKind and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent.
Use License
You are hereby granted a limited license to access and use the IK Sites & Apps for personal, non-commercial, transitory viewing only. Under this license, you may not:
- modify or copy the Content except as expressly permitted hereby;
- use the Content for any commercial purpose or any public display;
- attempt to decompile or reverse engineer any software contained on IK Sites & Apps;
- remove any copyright or other proprietary notations from the Content;
- transfer the Content to another person; or
- "mirror" the Content on any other server.
This license shall automatically terminate if you violate any of the above restrictions.
We may terminate this license for any reason at our sole discretion.
Trademarks
"inKind" and its logo, and any other inKind marks (collectively, "inKind Trademarks") constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on IK Sites & Apps may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on IK Sites & Apps unless in accordance with written authorization by us. The use of any of the inKind Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. Any questions concerning any inKind Trademarks, or whether any mark or logo is an inKind Trademark, should be referred to us.
User Content Agreement
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you on IK Sites & Apps will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You further agree not to use electronic or other means to collect email addresses or other contact information of Users for the purposes of sending unsolicited communications. Additionally, you agree not to create any automated user-generated content or use automated scripts to collect information from IK Sites & Apps or for any other purpose. You further agree that you may not use inKind in any unlawful manner or in any other manner that could damage, disable, overburden, or impair IK Sites & Apps.
In addition, you agree not to use IK Sites & Apps to:
- upload, post, transmit, share, store or otherwise make available
- any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
- any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or bank account details;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- content that, in our judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or any User to any harm or liability of any type.
- register for more than one (1) User account or register for a User account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsely state or otherwise misrepresent your identity, your age, or your affiliation with any person or entity;
- intimidate or harass another User; or
- use or attempt to use another's account, service or system without our authorization
User Content Posted on IK Sites & Apps
You are solely responsible for the content that you post on IK Sites & Apps or transmit to or share with other Users ("User Content"). You understand and agree that we may, but are not obligated to, review and delete or otherwise remove (without notice) any User Content in our sole discretion.
By posting User Content to any part of IK Sites & Apps, you are deemed to grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with IK Sites & Apps or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from IK Sites & Apps at any time. However, if you choose to remove your User Content, the license granted above will not expire.
Links to Third Party Websites
From time to time IK Sites & Apps may contain links to websites that are controlled, owned, or operated by third parties ("Third-Party Sites"). We do not take any responsibility for any content provided on Third-Party Sites, nor do we make any representation or warranty, express or implied, regarding the accuracy of the content on any Third-Party Site. You acknowledge and agree that your use of any Third-Party Sites is governed by the terms of use for those websites, and not by these Terms of Use. We do not endorse any Third-Party Sites that have links on our websites or any products or services offered by such sites. We provide the links for your convenience and you access them at your own risk. Any Third-Party Sites may have substantially different privacy policies and be less secure than our own. We shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on such sites or otherwise.
Copyright Complaints
If you are the owner or controller of any copyright that you believe is being infringed by material on IK Sites & Apps, you may send a written notification under the Digital Millennium Copyright Act (via mail or email) of such alleged infringement to:
Attn: Compliance Officer
inKind
600 Congress Ave
Ste 1700
Austin TX 78704
Or email: compliance@inkind.com
The notice must meet the notice requirements under the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act and other applicable law, inKind has a policy of terminating, at its sole discretion, the registrations of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to IK Sites & Apps afforded to any Users who infringe on the intellectual property rights of others.
Service Use Technical Requirements
In order to use inKind's services and redeem food and beverage credit, You must own or have access to a smartphone with active wireless internet connectivity. Functionality of the inKind mobile application is dependent on You keeping your smartphone current with the latest updates and security patches to your operating system as well as to the latest version of the inKind app. We do not support older mobile operating systems and, if You use an older operating system, You may not be able to access the app and/or redeem credit.
Privacy & Marketing
For how we treat your data and for information regarding our marketing communications, please visit our Privacy Policy.
Standard messaging rates apply to your entry or submission message to any inKind text message service, our confirmation, and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider.
Use of Personally Identifiable Information
Please see our Privacy Policy.
Disclaimer of Warranties
WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT ON IK SITES & APPS, AND WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
IK SITES & APPS AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE OUTCOME OF YOUR USE OF THE CONTENT. WE DO NOT WARRANT THAT IK SITES & APPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND IK SITES & APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL OFFERINGS OR RELATED TRANSACTIONS WITHOUT PRIOR NOTICE TO YOU. IK SITES & APPS COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF IK SITES & APPS IS AT YOUR OWN RISK.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, NOR ANY THIRD-PARTY PROVIDERS TO THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF IK SITES & APPS, OR WITH A USER'S DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH IK SITES & APPS, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN ANY CASE, INKIND AND ITS AFFILIATES' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500).
Indemnification
You agree to indemnify, defend, and hold inKind, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through IK Sites & Apps, your use of IK Sites & Apps, your conduct in connection with IK Sites & Apps or with other Users of IK Sites & Apps, or any violation of these Terms of Use or of any law or the rights of any third party.
Consent to Electronic Disclosures
inKind can only give you the benefits of our service by conducting most of our business through the Internet. By agreeing to these Terms of Use you hereby consent to do business and receive all disclosures, notices, documents and information, including Schedule K-1s, ("Communications") from us in relation to all of your interactions and transactions on IK Sites & Apps electronically and acknowledge that this agreement satisfies Revenue Procedure 2012-17 which requires affirmative consent to electronic delivery of Schedule K-1s.
To access and retain the Communications electronically, you will need to use a computer with a current version of Microsoft Edge, Firefox, Google Chrome or similar software, and hardware capable of running this software. By agreeing to these Terms of Use you hereby acknowledge that you can access the electronic Communications in these formats.
You may withdraw your consent to receive Communications electronically by contacting us via email at support@inkind.com with the subject heading "Electronic Disclosures". The withdrawal of your consent will not affect the legal validity and enforceability of any pending purchase you may have on IK Sites & Apps, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
You may also elect to receive paper copies of any Communications by contacting us at the email address stated above.
Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
Governing Law; Venue
These Terms of Use and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with the laws of the State of Delaware without regard to conflict-of-laws principles.
Any dispute or claim relating in any way to your use of IK Sites & Apps, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply; and
- In the event that the arbitration agreement in these Terms of Use is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Austin, Texas, and we both consent to the jurisdiction of those courts for such purposes.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.
The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules, but in no event will we pay for attorneys' fees.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Availability
IK Sites & Apps is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to applicable law or regulation. By offering IK Sites & Apps and Content, we make no distribution or solicitation to any person to use IK Sites & Apps or Content in jurisdictions where the provision of IK Sites & Apps and/or Content is prohibited by law.
Other Agreements
These Terms of Use shall be subject to any other agreements you have entered into with us.
Additional Terms
Certain sections or pages on IK Sites & Apps may contain separate terms and conditions of use, which are in addition to the terms and conditions of these Terms of Use. In the event of a conflict, those additional terms and conditions will govern those sections or pages of IK Sites & Apps.
General Provisions
If any provision of these Terms of Use is found to be invalid or unenforceable, the provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use supersede any previous Terms of Use to which you and we may have been bound. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall be deemed to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
Updated November 17, 2021.
Australian Privacy Policy of inKind ("inKind Capital", "we" or "us")
Respecting and protecting your privacy is very important to us. The following applies to the collection of data by inKind, its subsidiaries and affiliates via au.inkind.com and the inKind mobile application. If you have questions or concerns regarding this policy, you should contact inKind at support@inkind.com.
In this policy we disclose:
- the types of information we collect and how we use them;
- the choices you can make about the way your information is collected and used;
- how to review and change your information held by us; and
- how we keep your information secure.
inKind understands individuals' concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, inKind has implemented a program to ensure compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs").
Data Uses
Consent
By using our websites you consent to our processing of your data as set forth in this Privacy Policy. Your continued use of au.inkind.com, the inKind mobile application, or continued interaction with us after we have notified you of a material change to our Privacy Policy in accordance with the Updates Section below will be deemed an acceptance of these new terms.
Your Information
We collect personal information so that we can conduct our business.
We collect a broad range of personal information about our customers, prospective customers and those purchasing house accounts.
The types of personal information that we collect from you will depend on how you interact with us. For example, your personal information will be collected when you purchase a house account, fill in an application form to start selling house accounts through inKind or submit questions. It may also be collected when you visit this website.
This information may include, but is not limited to, names and contact details, date of birth, place of residence, dining preferences. If you are seeking to use inKind's services for your business, it may also include business data, credit history, bank account numbers and other financial details. Some information is required and some is optional. Additional information may be gathered during your subsequent use of the website and mobile applications.
When we collect personal information directly from you, we will take reasonable steps at or before the time of collection to ensure that you are aware of certain key matters, such as the purposes for which we are collecting the information, the organisations (or types of organisations) to which we would normally disclose information of that kind, the fact that you are able to access the information and how to contact us (or example, where personal information is collected on a form, we will generally include a written privacy statement on the form which sets out these details).
We will collect your personal information directly from you where it is reasonable and practicable to do so. Where we collect information about you from a third party, we will still take reasonable steps to ensure that you are made aware of the details set out above.
If you do not provide the personal information we request, we may not be able to provide our services to you, or may not be able to provide the level of service we usually provide.
Our Communications
When you sign up to inKind, load a house account, accept credit gifted or shared by another or apply to use our services, you will receive emails that confirm specific actions you have requested. You will receive notifications confirming your registration, the successful loading of a house account, and follow-ups from us if you wish to use our services. We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, feedback requests regarding user experience and website operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary and you can opt out of receiving any such communications in the future by letting us know via the opt out included in any offer email you receive from us.
Sharing Your Information
We work with a number of trusted partners that perform vital functions as part of our operations, including electronic payment service providers. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services, like due diligence on those wishing to sell house accounts through inKind. Our partners are legally required to keep your information private and secure.
We may use, or allow our trusted partners to use, your personal information for the purposes of direct marketing or promoting our services. You may ask us not to use your information in this way.
InKind may disclose personal information to countries outside Australia. We will only do so in compliance with all applicable Australian data protection and privacy laws. inKind will take reasonable steps to protect personal information no matter what country it is stored in or transferred to. inKind currently transfers your personal information to our parent company in the United States of America. For purchasers of house accounts, this does not include your financial data, which stays in Australia with our payment processor, Stripe, Inc.
We do not sell or rent your personal information to third parties for marketing purposes.
Secondary uses of information
We may also use and disclose personal information about you for a purpose (the "secondary purpose") other than the main purpose for which you gave us the information (the "primary purpose") where:
Notifications
We will send you email notifications from time to time. These are a necessary part of the process of you loading a house account, such as seeking confirmation of an action you have taken. Typically we send these to notify you of a change in status for security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or website policies. Generally you may not opt out of such service-related emails.
View and Correct Your Information
You can access, review and update the personal information you submit at any time via the inKind mobile app.
Web-Related Information Collection
Cookies
We use cookies on our website for various purposes. Cookies are small text files created by a website that store information on your computer, such as your preferences when visiting that website. We use cookies when you sign in, to keep track of your personal session, including some account identifiers so that we can ensure that you are the only person making changes to your account. We also use cookies to track your activity on our website as a unique person.
We use both session cookies and/or persistent cookies. We use session ID cookies to make it easier for you to navigate our website. Session ID cookies expire after two hours of inactivity or when you close your browser. We use a persistent cookie that remains on your hard drive for an extended period of time, so that we can recognize you when you return to our website. You can remove persistent cookies by following directions provided in your Internet browser's "help" file or at Google's Opt-Out Add-On Page; however, because we use cookies for our sign-in functionality, if you choose to disable cookies you will not be able to log onto the inKind website.
We use tracking pixels and third party cookies on our sites from Google Analytics, DoubleClick, Facebook, Twitter and other third party vendors.
How We Use the Information We Collect
We use third-party tracking services (e.g. Google Analytics' Demographic and Interests reporting) that use cookies to track non-personally identifiable information about visitors to our website in the aggregate (this enables us to gauge the effectiveness of our services, marketing programs and ad targeting). We use respective web beacons to gather information that lets us tune and improve our users' browsing experience, as well as track user responsiveness to various advertising campaigns and promotional activities. As with cookies, the information these beacons collect is an aggregated, anonymous "click stream" and transactional data, and is not associated with any users as individuals. No personal or sensitive information is transmitted to advertising partners.
Links to Other Sites
If you follow any links that direct you away from our website, this Privacy Policy will not apply to your activity on the other websites you visit. We do not control the privacy policies or the privacy practices of any third parties.
Security Policy
We are committed to maintaining the security and confidentiality of your personal and financial information.
We control access to your information via secure web pages and limit access to employees and third parties on a need-to-know basis. We will take reasonable steps to destroy or de-identify personal information when it is no longer required for the purposes for which we collected it or for legal requirements.
We employ firewalls and other security technologies to protect our servers from external attack. We enable our servers with Secure Socket Layer (SSL) technology to establish a secure connection between your computer and our servers, creating a private "conversation" that cannot be viewed or accessed by other parties. We test our systems regularly to ensure that our security mechanisms are up to date.
We also employ session time-outs to protect your account. You will be logged out of the website automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.
Federal and state regulations may require that we maintain and report aggregate demographic information on members who participate in transactions. We may also maintain information, including personally identifiable information of our members, for a period of seven years or more.
We will properly dispose of all paper files, letters and any other hard copy documents that contain personal information that is no longer required. All information stored in electronic form that is no longer needed will be deleted from our systems. While inKind employs advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in all Internet dealings.
What you can do
You can take several precautions to protect the security of your computer and personal information:
We also send automatic notifications if certain actions are taken on your account, such as a change of password, so you can be sure nobody else is making changes without your knowledge. This will be undermined if other people have access to your email account so it might be prudent to restrict access to this account and/or change its password frequently.
If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When accessing our website from a public computer (library or internet café) we recommend you end your session by logging out completely, then closing the browser window and clearing the browser's cache files.
Business Transfers
If any or all of the inKind assets are acquired by, or merged with those of another entity, or in the event of a bankruptcy, we may disclose, share or transfer some or all of our users' data, to or with the relevant entity in connection with the transaction, so that the successor entity can continue providing our services to our users. If the data handling practices of that entity do not meet the substance of this Privacy Policy, you will be given the opportunity not to continue to use our website.
Updates
This Privacy Notice may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Policy on the website, and will obtain the necessary consents as required under applicable law if we seek to collect, use or disclose personal data for purposes other than those for which consent has been obtained.
Except as stated above, all changes will apply to the personal data that is already collected, and to personal data that is collected after the effective date of the revised policy. If any proposed change is unacceptable to you, you will have the right to terminate your relationship with us. You are advised to consult this Privacy Policy regularly for any changes.
Accessing your personal information
We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete and up-to-date. Please contact us if your details change or if you believe the information we have about you is not accurate or complete.
We will, on request, provide you with reasonable opportunity to access your personal information and to request that it be corrected or updated within a reasonable time of the request being made. A fee may apply to such access (but not to the making of the request). Exceptions to your access rights include:
You will be required to satisfy identity validation procedures to prove that you and the individual requesting the personal information are one and the same.
How To Contact Us
If you have an access request or if you have any questions or complaints about the manner in which your personal information has been collected or handled by us, or about this Privacy Policy, please contact inKind at privacy@inkind.com. Any complaints will be handled in the order in which they were received and we will respond to you via email to notify you of what action has been taken.
More information
Further information regarding privacy can be obtained from the Office of the Australian Information Commissioner at www.oaic.gov.au.
Updated December 5, 2017.
Respecting and protecting your privacy is very important to us. The following applies to the collection of data by inKind, its subsidiaries and affiliates via au.inkind.com and the inKind mobile application. If you have questions or concerns regarding this policy, you should contact inKind at support@inkind.com.
In this policy we disclose:
- the types of information we collect and how we use them;
- the choices you can make about the way your information is collected and used;
- how to review and change your information held by us; and
- how we keep your information secure.
inKind understands individuals' concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, inKind has implemented a program to ensure compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs").
Data Uses
- Personal data: Verify your identity.
- Personal and financial data: To process your house account purchase and provide you with funding, if you are a restaurantuer.
- Information about your visits to, and use of, au.inkind.com: Help us to maintain and develop appropriate features, functionality and user experience for you.
- Dining preferences: To enhance the experience you have when visiting a restaurant in the inKind network - we share this information with the restaurant, so it can give you a personalised experience.
Consent
By using our websites you consent to our processing of your data as set forth in this Privacy Policy. Your continued use of au.inkind.com, the inKind mobile application, or continued interaction with us after we have notified you of a material change to our Privacy Policy in accordance with the Updates Section below will be deemed an acceptance of these new terms.
Your Information
We collect personal information so that we can conduct our business.
We collect a broad range of personal information about our customers, prospective customers and those purchasing house accounts.
The types of personal information that we collect from you will depend on how you interact with us. For example, your personal information will be collected when you purchase a house account, fill in an application form to start selling house accounts through inKind or submit questions. It may also be collected when you visit this website.
This information may include, but is not limited to, names and contact details, date of birth, place of residence, dining preferences. If you are seeking to use inKind's services for your business, it may also include business data, credit history, bank account numbers and other financial details. Some information is required and some is optional. Additional information may be gathered during your subsequent use of the website and mobile applications.
When we collect personal information directly from you, we will take reasonable steps at or before the time of collection to ensure that you are aware of certain key matters, such as the purposes for which we are collecting the information, the organisations (or types of organisations) to which we would normally disclose information of that kind, the fact that you are able to access the information and how to contact us (or example, where personal information is collected on a form, we will generally include a written privacy statement on the form which sets out these details).
We will collect your personal information directly from you where it is reasonable and practicable to do so. Where we collect information about you from a third party, we will still take reasonable steps to ensure that you are made aware of the details set out above.
If you do not provide the personal information we request, we may not be able to provide our services to you, or may not be able to provide the level of service we usually provide.
Our Communications
When you sign up to inKind, load a house account, accept credit gifted or shared by another or apply to use our services, you will receive emails that confirm specific actions you have requested. You will receive notifications confirming your registration, the successful loading of a house account, and follow-ups from us if you wish to use our services. We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, feedback requests regarding user experience and website operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary and you can opt out of receiving any such communications in the future by letting us know via the opt out included in any offer email you receive from us.
Sharing Your Information
We work with a number of trusted partners that perform vital functions as part of our operations, including electronic payment service providers. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services, like due diligence on those wishing to sell house accounts through inKind. Our partners are legally required to keep your information private and secure.
We may use, or allow our trusted partners to use, your personal information for the purposes of direct marketing or promoting our services. You may ask us not to use your information in this way.
InKind may disclose personal information to countries outside Australia. We will only do so in compliance with all applicable Australian data protection and privacy laws. inKind will take reasonable steps to protect personal information no matter what country it is stored in or transferred to. inKind currently transfers your personal information to our parent company in the United States of America. For purchasers of house accounts, this does not include your financial data, which stays in Australia with our payment processor, Stripe, Inc.
We do not sell or rent your personal information to third parties for marketing purposes.
Secondary uses of information
We may also use and disclose personal information about you for a purpose (the "secondary purpose") other than the main purpose for which you gave us the information (the "primary purpose") where:
- You would reasonably expect us to use or disclose the personal information for that secondary purpose and that secondary purpose is related to the primary purpose for which we collected the information (and directly related in the case of sensitive information);
- You have given us your consent for the personal information to be used or disclosed for the secondary purpose.
- Where there are reasonable grounds to believe that use or disclosure is necessary to prevent a threat to life or health;
- Where we suspect that unlawful activity is or has been engaged in and we use or disclose the personal information to investigate the suspected unlawful activity; or
- The use or disclosure is authorised by law or reasonably necessary to enforce the law.
Notifications
We will send you email notifications from time to time. These are a necessary part of the process of you loading a house account, such as seeking confirmation of an action you have taken. Typically we send these to notify you of a change in status for security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or website policies. Generally you may not opt out of such service-related emails.
View and Correct Your Information
You can access, review and update the personal information you submit at any time via the inKind mobile app.
Web-Related Information Collection
Cookies
We use cookies on our website for various purposes. Cookies are small text files created by a website that store information on your computer, such as your preferences when visiting that website. We use cookies when you sign in, to keep track of your personal session, including some account identifiers so that we can ensure that you are the only person making changes to your account. We also use cookies to track your activity on our website as a unique person.
We use both session cookies and/or persistent cookies. We use session ID cookies to make it easier for you to navigate our website. Session ID cookies expire after two hours of inactivity or when you close your browser. We use a persistent cookie that remains on your hard drive for an extended period of time, so that we can recognize you when you return to our website. You can remove persistent cookies by following directions provided in your Internet browser's "help" file or at Google's Opt-Out Add-On Page; however, because we use cookies for our sign-in functionality, if you choose to disable cookies you will not be able to log onto the inKind website.
We use tracking pixels and third party cookies on our sites from Google Analytics, DoubleClick, Facebook, Twitter and other third party vendors.
How We Use the Information We Collect
We use third-party tracking services (e.g. Google Analytics' Demographic and Interests reporting) that use cookies to track non-personally identifiable information about visitors to our website in the aggregate (this enables us to gauge the effectiveness of our services, marketing programs and ad targeting). We use respective web beacons to gather information that lets us tune and improve our users' browsing experience, as well as track user responsiveness to various advertising campaigns and promotional activities. As with cookies, the information these beacons collect is an aggregated, anonymous "click stream" and transactional data, and is not associated with any users as individuals. No personal or sensitive information is transmitted to advertising partners.
Links to Other Sites
If you follow any links that direct you away from our website, this Privacy Policy will not apply to your activity on the other websites you visit. We do not control the privacy policies or the privacy practices of any third parties.
Security Policy
We are committed to maintaining the security and confidentiality of your personal and financial information.
We control access to your information via secure web pages and limit access to employees and third parties on a need-to-know basis. We will take reasonable steps to destroy or de-identify personal information when it is no longer required for the purposes for which we collected it or for legal requirements.
We employ firewalls and other security technologies to protect our servers from external attack. We enable our servers with Secure Socket Layer (SSL) technology to establish a secure connection between your computer and our servers, creating a private "conversation" that cannot be viewed or accessed by other parties. We test our systems regularly to ensure that our security mechanisms are up to date.
We also employ session time-outs to protect your account. You will be logged out of the website automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.
Federal and state regulations may require that we maintain and report aggregate demographic information on members who participate in transactions. We may also maintain information, including personally identifiable information of our members, for a period of seven years or more.
We will properly dispose of all paper files, letters and any other hard copy documents that contain personal information that is no longer required. All information stored in electronic form that is no longer needed will be deleted from our systems. While inKind employs advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in all Internet dealings.
What you can do
You can take several precautions to protect the security of your computer and personal information:
- use a hard to guess password – avoid family members' names or birthday and other information other can easily learn about you. Use special characters in place of letters
- change your password frequently
- log out of our website and close the internet browser when you finish a session
- install security software (antivirus and firewall) to protect your computer from external attacks
We also send automatic notifications if certain actions are taken on your account, such as a change of password, so you can be sure nobody else is making changes without your knowledge. This will be undermined if other people have access to your email account so it might be prudent to restrict access to this account and/or change its password frequently.
If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When accessing our website from a public computer (library or internet café) we recommend you end your session by logging out completely, then closing the browser window and clearing the browser's cache files.
Business Transfers
If any or all of the inKind assets are acquired by, or merged with those of another entity, or in the event of a bankruptcy, we may disclose, share or transfer some or all of our users' data, to or with the relevant entity in connection with the transaction, so that the successor entity can continue providing our services to our users. If the data handling practices of that entity do not meet the substance of this Privacy Policy, you will be given the opportunity not to continue to use our website.
Updates
This Privacy Notice may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Policy on the website, and will obtain the necessary consents as required under applicable law if we seek to collect, use or disclose personal data for purposes other than those for which consent has been obtained.
Except as stated above, all changes will apply to the personal data that is already collected, and to personal data that is collected after the effective date of the revised policy. If any proposed change is unacceptable to you, you will have the right to terminate your relationship with us. You are advised to consult this Privacy Policy regularly for any changes.
Accessing your personal information
We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete and up-to-date. Please contact us if your details change or if you believe the information we have about you is not accurate or complete.
We will, on request, provide you with reasonable opportunity to access your personal information and to request that it be corrected or updated within a reasonable time of the request being made. A fee may apply to such access (but not to the making of the request). Exceptions to your access rights include:
- Where providing access will pose a serious threat to the life or health or any individual or pose an unreasonable impact on the privacy of an individual;
- Your request for access is frivolous or vexatious;
- Where the information relates to existing legal proceedings between inKind and you and the information would not be discoverable in the process of those legal proceedings; or
- Where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law.
You will be required to satisfy identity validation procedures to prove that you and the individual requesting the personal information are one and the same.
How To Contact Us
If you have an access request or if you have any questions or complaints about the manner in which your personal information has been collected or handled by us, or about this Privacy Policy, please contact inKind at privacy@inkind.com. Any complaints will be handled in the order in which they were received and we will respond to you via email to notify you of what action has been taken.
More information
Further information regarding privacy can be obtained from the Office of the Australian Information Commissioner at www.oaic.gov.au.
Updated December 5, 2017.