WELCOME TO REPLYBUY.COM! REPLYBUY.COM IS OWNED AND OPERATED BY REPLYBUY INC. ("WE").
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS ("TERMS") AND THE PRIVACY POLICY
(INCORPORATED HEREIN BY REFERENCE) BEFORE USING THE SITE. BY USING OR VISITING THE
SITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND THE TERMS AND CONDITIONS OF THE
PRIVACY POLICY. IF YOU DISAGREE WITH THESE TERMS, DO NOT USE THE SITE.
*** BY USING REPLYBUY, YOU AGREE TO NOT TEXT WHILE DRIVING ANY VEHICLE. ***
1. General
ReplyBuy.com (the "Site") provides an interactive buying experience on the Internet
and through the use of SMS text messaging (the "Services"). STANDARD TEXT MESSAGING
RATES APPLY. The Services communicate opportunities to purchase event tickets,
products, services ("Offers") from third-party merchants, venues or businesses
("Providers").
We reserve the right to make changes to these terms periodically. Persons who
visit or use the Site ("you" or "user") should visit this page from time to time to
view any changes to these Terms. If we make changes to the Terms, we will make
reasonable efforts to post the changes before they become effective and to specify
the date they will become effective. But, if we don't specify a date, the changes are
effective immediately. Your continued use of ReplyBuy means that you accept those
changes.
2. Eligibility
You are not obligated to have an account in order to access the Site. However, some
of the Services are only available to users that have a registered ReplyBuy account
("Registered Users"). Registered Users are responsible for protecting the
confidentiality of their login and account information, password(s), personal
identification number ("PIN") and other related information. Registered Users agree
to promptly notify us of any unauthorized use of their confidential login and account
information, password(s), personal identification number and other related
information by emailing us at support[at]replybuy.com. In addition, Registered Users
agree to exit from their account at the end of each session.
3. Registration
The Site is not available to minors under the age of 13 or to any visitor or user we
have suspended or removed from ReplyBuy for any reason. Registered Users must be 18
years of age or older. Registered Users may not have more than one active account.
Additionally, Registered Users are prohibited from selling, trading, or otherwise
transferring accounts to another party. If you do not meet these qualifications, you
may not use ReplyBuy.
4. Purchasing Using Text Messages & Electronic
Communications
You agree to receive email communications and text messaging from an automated
telephone dialing system for all of your transactions and communication with us. You
agree that all purchase confirmations, postings, notices, disclosures, or other
communications that we provide to you electronically or through a text message satisfy
any legal requirements that such communications be in writing.
Except as otherwise provided in these Terms or required by law, we will provide
any notices by posting them on the Site or provide them using the Services, and you
agree that such posting will constitute effective notice. You authorize us to send
notices (including without limitation notice of subpoenas or other legal process, if
any) via electronic mail as well if we decide, in our sole discretion, to do so.
5. Provider Offer Specifications; Pricing & Typographical
Errors
We do not warrant that Offer specifications, pricing, or other content provided by
ReplyBuy is complete, accurate, or error-free. In the unfortunate event that any
error relates to the pricing or specifications of any Underlying Offer (as defined in
the Terms of Sale below), we have the right to refuse or cancel any orders in our
sole discretion. If we have charged your credit card prior to cancellation, we will
issue a credit to your account in the amount of the charge.
6. Intellectual Property
The content related to the Site or Services, including without limitation, any text,
software, graphics, photos, sounds, music, videos, interactive features and any
trademarks, service marks and logos contained therein (collectively "Materials") are
owned by or licensed to us, subject to copyright, trademark and other intellectual
property rights under United States and foreign laws and international
conventions.
No Materials from ReplyBuy may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way without written permission of the
rights owner. You agree not to circumvent, disable, or otherwise interfere with
security related features of ReplyBuy or features that prevent or restrict use or
copying of any Materials or content.
Modification of any Materials or use of any Materials is a violation of our
copyrights and proprietary rights, or of other entities or persons where so
indicated, unless we or the owner has provided said Material for such express
purpose. All design rights, databases and compilation and other intellectual property
rights associated with ReplyBuy, in each case whether registered or unregistered, and
related goodwill, are proprietary to us.
7. User Submissions
ReplyBuy may now or in the future permit the submission of commentary, feedback or
other communications or materials by Registered Users ("User Submissions"). However,
we do not accept or consider unsolicited ideas, including ideas for new promotions,
products, technologies or processes. You must not transmit any User Submissions to or
through ReplyBuy that you consider to be confidential or proprietary, and any User
Submissions (whether in chat rooms, discussion groups, message boards or otherwise)
shall be deemed non-confidential. We do not control or endorse User Submissions, and,
therefore, we specifically disclaim any liability relating to User Submissions,
including any objectionable User Submissions. You are responsible and liable for your
User Submissions and User Submissions made from your ReplyBuy account. You agree,
represent and warrant that any User Submission is a) truthful, accurate, and not
misleading, b) offered in good faith, and c) that you have the right to transmit such
information.
Except as expressly provided in our Privacy Policy, you
agree that by submitting User Submissions to ReplyBuy, including any concepts,
know-how or ideas, you hereby grant to us a perpetual, worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of and display the User Submissions in connection with
ReplyBuy and our (and our successor's) business, including without limitation for
promoting and redistributing part or all of the User Submission (and derivative works
thereof) in any media formats and through any media channels whether now known or
hereafter developed, without payment or accounting to you or others.
You agree that we may (but are not obligated to) display your User Submissions
with your purchase(s) and reward points, and your username or your actual name along
with your purchase(s), reward points and User Submissions.
8. Privacy Policy
Use of the Site is also governed by our Privacy Policy, available at www.replybuy.com/privacy.
9. Links to Third Party Sites
ReplyBuy contains advertisements, offers, services and resources of third-parties
("Third-Party Content") that we do not control. Third-Party Content may not be wholly
accurate. When you use ReplyBuy, you may notice links to third-party websites. You
acknowledge and agree that we are not responsible or liable for the accuracy or
availability of Third-Party Content or for any viruses or other damaging elements
encountered in linking to Third-Party Content or websites. In addition, providing
links to third-party websites should not be interpreted as our endorsement or
approval of the organizations sponsoring such third-party websites or Third-Party
Content. These Terms do not apply to any other websites. Our Privacy Policy is
applicable only when you are using ReplyBuy.
10. Prohibited Conduct
You agree to be liable for any User Submission made using your user account and for
any transactions associated with your user account. It is our goal to make ReplyBuy a
fun and new experience for all of our users, so in using ReplyBuy, you agree not to
do any of the following:
- Text and drive a vehicle;
- Post to ReplyBuy any User Submission whatsoever that is or could appear to be:
untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive to another person's privacy or protected data,
hateful, or racially, ethnically or otherwise objectionable;
- Conduct or promote any illegal activities;
- Upload or distribute anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of ReplyBuy,
or otherwise attempt to derive the source code of the software (including the
tools, methods, processes, and infrastructure) that enables or underlies
ReplyBuy;
- Attempt to gain access to secured portions of ReplyBuy to which you do not
possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious
code;
- Use ReplyBuy to generate unsolicited email advertisements or spam;
- Use any automatic or manual process to search or harvest information from the
ReplyBuy, or to interfere in any way with the proper functioning of ReplyBuy;
or
- Impersonate another user.
11. Customer Service
For Customer Support, contact us any time at (800) 775-0924 or by email support@replybuy.com
Should you need accessible seating, you may submit a request by calling (800) 775-0924 or emailing us at support@replybuy.com. Please note: The number and types of accessible seats vary by event and venue and we cannot guarantee availability.
12. Disputes
You may contact ReplyBuy customer service by sending an email to
support[at]replybuy.com. We suggest that you first contact the Offer provider in the
event a dispute arises. Given that we act as an agent in selling event tickets,
products or services on behalf of Providers, we may simply not have sufficient
information to answer all your questions or resolve every issue. You acknowledge that
the provision of customer support is at our sole discretion, and that we have no
obligation to provide you with comprehensive customer support. All purchasing
disputes are solely between you and Provider. We may however provide you with
customer support from time to time, at our sole discretion, provided that you are a
Registered User and purchased an Underlying Product (as defined in the Terms of Sale
below) using your account. Obviously, we would like all of our customers to have an
excellent buying experience so please let us know if that's not the case. Please
note, we will continue to improve support over time.
13. Disclaimer of Warranty, Exclusion of Damages & Limitation of
Liability
YOU EXPRESSLY AGREE THAT USE OF REPLYBUY IS AT YOUR SOLE RISK. NEITHER REPLYBUY INC,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS, WARRANT THAT USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SITE OR SERVICES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICES OR OFFERS PROVIDED THROUGH THE SITE OR SERVICES. THE SITE AND
SERVICES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. REPLYBUY INC
HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT REPLYBUY INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF REPLYBUY INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
USE OF THE SITE OR SERVICES, CONTENT OR ANY RELATED SERVICES.
14. Modification, Termination or Cancellation
You agree that we may, at any time, and at our sole discretion or at the discretion of any Provider,
terminate these Terms, your access to ReplyBuy, and/or your account, or suspend or block your
access to the ReplyBuy, with or without cause or any notice to you. You will still be liable
for any breaches of these Terms and/or obligations incurred before the Terms end. The
provisions of these Terms concerning Site security, prohibited activities,
intellectual property, User Submissions, disclaimer, limitation of liability,
indemnity and jurisdictional issues shall survive any termination. You agree that if
your use of ReplyBuy is terminated pursuant to these Terms, you will not attempt to
use ReplyBuy under any name, real or assumed, and further agree that if you violate
this restriction after being terminated, you indemnify and hold us harmless from any
and all liability that we may incur therefore.
15. Your Obligations Should You Stop Using Your Mobile Number
By providing your mobile phone number, you are certifying that you are the owner or
primary use of the number. However, if you decide to discontinuing using your mobile
number, you agree that you will send a text message with the phrase "STOP" to 20123
before you stop using your mobile number. If you are unable to send a text message,
you agree that you will send an email to support@replybuy.com with the subject line
of "STOP" along with your mobile number in the body of the email. A confirmation text
and/or email will be sent to your email or mobile number.
16. Indemnification
As a condition of use you agree to indemnify and hold ReplyBuy (and its officers,
directors, agents, subsidiaries, joint ventures, and employees) harmless from any
claim or demand, including reasonable attorneys' fees, or arising out of or related
to 1) your breach of these Terms or Privacy Policy; or 2) your activities in
connection with ReplyBuy.
17. Arbitration
By using the Site and Services, you agree that: (1) any claim, dispute, or
controversy you may have against ReplyBuy or any Provider arising out of, relating to, or connected
in any way with these Terms, the Site and Services or the purchase or sale of any
Underlying Offer (as defined in the Terms of Sale below), shall be resolved
exclusively by final and binding arbitration administered by the American Arbitration
Association ("AAA") and conducted before a single arbitrator pursuant to the
applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the
arbitration shall be held at a location determined by AAA pursuant to the Rules and
Procedures (provided that such location is reasonably convenient for you), or at such
other location as may be mutually agreed upon by you and the parties; (3) the
arbitrator shall apply California law consistent with the Federal Arbitration Act and
applicable statutes of limitations, and shall honor claims of privilege recognized at
law; (4) there shall be no authority for any claims to be arbitrated on a class or
representative basis; arbitration can decide only your individual claims; and the
arbitrator may not consolidate or join the claims of other persons or parties who may
be similarly situated; (5) in the event that the you are able to demonstrate that the
costs of arbitration will be prohibitive as compared to the costs of litigation, ReplyBuy Inc.
and/or any other respondent will pay as much of your filing and hearing
fees in connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive; and (6) with the exception of subpart
(4) above, if any part of this arbitration provision is deemed to be invalid,
unenforceable or illegal, or otherwise conflicts with the Rules and Procedures
established by AAA, then the balance of this arbitration provision shall remain in
effect and shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting provision were not contained herein. If,
however, subpart (4) is found to be invalid, unenforceable or illegal, then the
entirety of this Arbitration Provision shall be null and void, and neither you nor
ReplyBuy Inc shall be entitled to arbitrate your dispute. For more information on AAA
and its Rules and Procedures, you may visit the AAA website and service at
http://www.adr.org.
18. SMS / Text Messaging
- When you opt-in to the service, we will send you an SMS message via an automated
telephone dialing system to confirm your signup. We may also send you periodic ticket
offers and telemarketing offers via an automated telephone dialing system from time to time.
Consent to future text messages is not a condition of purchase.
- You can cancel the SMS service at any time. Just reply "STOP"
in the text message you received. After you send the SMS message "STOP"
to us, we will send you an SMS message to confirm that you have been unsubscribed.
After this, you will no longer receive SMS messages from us.
If you want to join again, just sign up as you did the first time and we will start
sending SMS messages to you again.
- If at any time you forget what keywords are supported, just reply
"HELP" to the text message you received. After you send the SMS message
"HELP" to us, we will respond with instructions on how to use our
service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers:
Major US carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile, Cricket & Metro PCS.
Minor US carriers: Alaska Communications Systems (ACS), Appalachian
Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT),
Cellular One of Northeast Pennsylvania, Cricket, Coral
Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch
(Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW
Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless),
Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom),
Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3
Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless,
United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Canadian carriers:
Bell (including NorthernTel, Solo Mobile, and Telebec), Fido, MTS, Rogers, SaskTel, Telus (including Koodo Mobile and Public Mobile), Videotron, Virgin Mobile, and Wind.
- As always, message and data rates may apply for any messages sent to you from
us and to us from you. Message frequency depends on the user's interaction. If you
have any questions about your text plan or data plan, it is best to contact your
wireless provider.
For all questions about the services provided by this short code, you can send an
email to support@replybuy.com.
- If you have any questions regarding privacy, please read our Privacy Policy.
19. Additional Terms
- Severance. If any part of the Terms is held by a court of competent
jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will
be given effect to the greatest extent possible and the remainder will remain in
full force and effect, provided that the allocation of risks described herein is
given effect to the fullest extent possible.
- No Assignment. These Terms (including terms incorporated into them) are
personal to you and you may not transfer, assign or delegate them to anyone without
our express written permission. Any attempt by you to assign, transfer or delegate
these Terms without our express written permission will be null and void. We shall
have the right to transfer, assign and/or delegate these Terms to one or more third
parties without your permission.
- Jurisdiction; Choice of Law; Export Limitations. The Site and Services are
controlled by us from our offices within the United States of America. If you
choose to access the Site and Services from locations outside the U.S., you do so
at your own risk and you are responsible for compliance with applicable local
laws.
- Limitations on Actions. Any action concerning any dispute you may have with
respect to the Site and Services must be commenced within one year after the cause
of the dispute arises, or the cause of action is barred.
- Paragraph Headings. The paragraph headings in these Terms are included to help
make these Terms easier to read and have no binding effect.
- Entire Agreement. These Terms (including terms incorporated into them) comprise
the entire agreement (the "Entire Agreement") between you and ReplyBuy Inc with
respect to the use of ReplyBuy and supersedes all contemporaneous and prior
agreements between the parties regarding the subject matter contained herein, and
neither party has relied on any representations made by the other that are not
expressly set forth in the Entire Agreement.
- No Waiver. The failure of ReplyBuy Inc. to exercise or enforce any right or
provision of these Terms, including any failure to act with respect to a breach,
will not constitute a waiver of such right or provision or our right to act with
respect to subsequent or similar breaches. We suggest that you print out a copy of
these Terms for your records.
An Offer provides an opportunity to purchase a product directly from a Provider (a
"Promotional Item") or a ticket, product, or service redeemable through a Provider (a
"Promotional Voucher") (collectively, "Underlying Products"). All purchased Promotional
Items will be fulfilled by the Provider and all purchased Promotional Vouchers may be
exchanged for items sold by the Provider.
1. General
ReplyBuy markets Offers on behalf of Providers. ReplyBuy Inc. is not responsible for
any and all injuries, illnesses, damages, claims, liabilities and costs suffered by a
customer, caused in whole or in part by the Underlying Offer or for any unclaimed
property liability arising from unredeemed or partially redeemed Promotional
Voucher.
By responding to a given Offer, you agree to purchase the Underlying Offer based
on the terms and conditions associated with the Offer and the terms and conditions
stated herein. If the terms of an Offer are inconsistent with these Terms, the
Offer's specific terms supersede any inconsistent terms in these Terms, except to the
extent such terms are prohibited by applicable law.
In order to respond to an Offer or to purchase any Underlying Product, you must be
a Registered User. The Provider, not ReplyBuy Inc., is the seller of the Underlying
Offer and is solely responsible for fulfilling any Underlying Offer purchased
according to the terms of the Offer.
2. How It Works
All Registered Users receive Offers in the form of a text message. If a Registered
User wishes to purchase an Underlying Offer according to the terms of the Offer, the
Registered User must reply to the text message Offer using the Registered User's PIN
and the Keyword associated with the Offer. If the Offer is still valid and available
the Registered User will then receive a reply text detailing the purchase
confirmation and all other applicable details. If the Offer is no longer available or
sold out, the Registered User will receive a reply text containing the applicable
details.
3. Terms and Conditions: Promotional Offers, Returns &
Refunds
- All Promotional Offer purchase amounts may be only applied to merchandise sold
by Provider, and may not be applied to shipping or handling charges unless
otherwise stated in the Offer or by the Provider.
- The issuing of Provider credit is at the sole discretion of the Provider unless
otherwise required by law.
- Offer purchases cannot be combined with any other Offers, third party
certificates or promotions unless otherwise specified by Provider.
- Reproduction, sale or trade of Promotional Items is prohibited unless done so
in compliance with applicable law.
- Void to the extent where prohibited by law.
- All the terms included in an Offer are subject to change. We reserve the right
to modify, suspend, or discontinue an Offer, at any time, with or without notice.
You agree that we will not be liable to you or to any third party for any
modification, suspension, or discontinuance of any Offer. In the event an Offer
includes an incorrect price or information due to typographical error, error in
pricing or due to incorrect information received from the Providers, we shall have
the right to decline or cancel any orders made pursuant to the incorrect terms,
whether or not the order has been confirmed and/or your credit card charged. If
your credit card has already been charged for the order and we cancel your order,
we shall issue a credit to your credit card account in the amount of the
charge.
- For each Underlying Offer you purchase using ReplyBuy you agree to pay the
price applicable and contained in the Offer as well as the applicable delivery fees
for the Underlying Offer ("Delivery Fees"), and any applicable Taxes (as defined
below). We will automatically bill your credit card as part of the order process
and you hereby authorize us to do so. You will be solely responsible for payment of
all taxes (other than taxes based on our income), fees, duties, and other
governmental charges, and any related penalties and interest, arising from the
Underlying Product purchase ("Taxes") not withheld by us. All payments are
non-refundable.
- Your receipt of an order confirmation from us does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. We reserve
the right at any time after receipt of your order to accept or decline or cancel
your order (in whole or in part) for any reason. We may require additional
verification or information before accepting any order. Your order is not accepted
until you physically receive or redeem your Underlying Offer. Notwithstanding the
foregoing, you agree that, if we cancel all or a part of your order, your sole and
exclusive remedy is either that (a) we will issue a credit to your credit card
account in the amount charged for the cancelled portion (if your credit card has
already been charged for the order) or (b) we will not charge your credit card for
the cancelled portion of the order.
- Any delivery dates that we provide are estimates. We reserve the right to make
deliveries in installments if necessary. We will send you an email when your order
has a confirmed tracking number given by the Provider if applicable. Currently, we
only ship in the United States.
- All Underlying Offer or Voucher purchases and transactions conducted through
ReplyBuy are final unless otherwise explicitly stated in the Offer. Of course if
something happens, please let us know by emailing us: support[at]replybuy.com or
dialing customer service at 1(800) 775-0924. We will attempt to provide you the
correct information for contacting the Offer Provider. Your correspondence or
business dealings regarding Offers including delivery or fulfillment of related
services or purhcases, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and the
Provider of the Underlying Offer. You waive any claim against ReplyBuy Inc. and
agree to hold ReplyBuy Inc. harmless from any loss or damage of any kind incurred
as the result of any such dealings or as the result of the presence of such
Providers on ReplyBuy.
- We do not exchange any Underlying Offers for other Underlying
Offers.
4. Terms and Conditions: Promotional Offers and Vouchers
- Offer details may be found by "clicking" a link provided at the bottom of each
text message Offer which leads to and displays a WAP Mobile Page with additional
specifications. STANDARD DATA RATES MAY APPLY.
- Promotional Offers or Promotional Vouchers cannot be used for taxes, tips or
prior balances with Provider, unless permitted by the Provider.
- Use of a Promotional Offer or Promotional Voucher for alcoholic beverages is at
the sole discretion of the Provider and is subject to compliance with applicable
law.
- Promotional Offers or Promotional Vouchers cannot be combined with any other
Promotional Offers or Voucher, third party certificates, coupons, or promotions,
unless otherwise permitted or specified by Provider.
- The issuing of Provider credit is at the sole discretion of the Provider unless
otherwise required by applicable law.
- Neither ReplyBuy Inc. nor the Provider is responsible for lost or stolen
Promotional Offer or Promotional Voucher reference numbers.
- Reproduction, sale or trade of a Promotional Offer or Promotional Voucher is
prohibited.
- Any attempted redemption of a Promotional Offer or Promotional Voucher that is
not consistent with these Terms will render the Promotional Voucher void.
- For Restaurants: Valid only for dine in use unless otherwise stated by the in
the Offer.
- Void to the extent where prohibited by law.
- If you redeem the Promotional Offer or Promotional Voucher for less than its
face value, you will not be entitled to a credit or cash from the Provider unless
required by applicable law. If so required by law, you will only be entitled to a
credit or cash equal to the difference between the amount you paid for the
Promotional Offer or Promotional Voucher (excluding any applicable Taxes and
Delivery Fees) and the amount you redeemed.
- Different jurisdiction may have statutes that dictate how a Promotional Offer
or Promotional Voucher may be redeemed for alcoholic beverages. For example, for
customers purchasing Promotional Offers or Promotional Vouchers for restaurants in
Ohio, the redemption of the Promotional Offer or Promotional Voucher may be subject
to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section
4301.01, which imposes a limitation of redeeming Promotional Offer or Promotional
Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor
beverages, such that the redemption of such Promotional Offer or Promotional
Voucher can only be applied to alcoholic and intoxicating liquor beverages for up
to 30% of the value of the Promotional Offer or Promotional Voucher. Compliance
with state statutes or codes (for example, the Ohio Revised Code) is the
responsibility of the Provider. Our sole role in the transaction is as a marketing
agent for the Provider. Thus, the applicability and compliance with any relevant
statute or code is solely determined and consummated by the Provider, and we have
no role and disclaim any role in such determination or action on the part of the
Provider.
5. Additional Terms and Conditions.
All Offers shall be subject to the terms and conditions of the Offer, these Terms and
any terms provided by the participating Provider. The Providers are the sellers of
the Underlying Offers. The holder and issuer of an Underlying Offer is the Provider.
As a holder and issuer of the Underlying Offer, the Provider shall be fully
responsible for any and all injuries, illnesses, damages, claims, liabilities and
costs suffered by or in respect of a customer, caused in whole or in part by the
Provider or the Underlying Offer, as well as for any unclaimed property liability
arising from unredeemed Promotional Offers or Promotional Vouchers or portions
thereof. You agree to waive, and release ReplyBuy Inc. and its officers, directors,
employees and agents from, any claim, liabilities, damages, or injury arising from or
related to any act or omission of a Provider in connection with an Offer or the
Underlying Offer and/or as it relates to compliance with applicable unclaimed
property and other laws relating to the redemption of the Underlying Offer or any
portion thereof. Promotional Offers or Promotional Vouchers are redeemable in their
entirety and on a one-time basis only and may not be redeemed incrementally unless
otherwise specified by the Provider.
According to applicable law, the Provider may be responsible for allowing you to
redeem your Promotional Offer or Promotional Voucher for the purchase price based on
the money you actually paid for the Promotional Voucher (i.e. if you paid $30 for a
Promotional Offer or Promotional Voucher that gives you $65 of value to the Provider,
the purchase price is $30, not $65), for a period of time that extends beyond the
expiration date provided in Offer or with the Promotional Voucher (the "Expiration
Date"). While the Expiration Date dictates the last date that you can redeem your
Promotional Voucher at the Provider's desired location, applicable law may provide
that the Provider is responsible for honoring the purchase price of your Promotional
Offer or Promotional Voucher for a period of time beyond the Expiration Date. In
other words, you should be allowed to redeem the purchase price of your Offer up
until the greater of: (1) the Offer's expiration date; or (2) the minimum length of
time allowed by applicable law for such Promotional Offer or Promotional Voucher to
expire. In the event that you have an expired Promotional Offer or Promotional
Voucher and would like to redeem it for the purchase price, please contact the
Provider. Once again, the Provider should allow such redemption if applicable law
requires it, and we have instructed the Provider to do so. If you have gone to the
Provider and the Provider has refused to redeem the purchase price of your expired
Promotional Offer or Promotional Voucher, and if applicable law entitles you to such
redemption, then please contact us by email at support[at]replybuy.com provide a
written explanation of your situation. If we determine that applicable law does in
fact entitle you to redemption of the purchase price, we will refund the purchase
price in either U.S. Dollars or reward points for purchases of future Underlying
Products using ReplyBuy.
Where applicable, ReplyBuy may capture shipping or delivery information for the
sole purpose of physically delivering products or services, purchased by the customer,
to the physical address or location of the customer. In such cases, ReplyBuy may use
Google Places or Google Maps API services in order to validate and/or expedite
the capture of customer inputted address or location. By using such service, the
customer is thereby also bound by Google's Terms of Service
Thank you for taking the time to read the Terms. ReplyBuy looks forward to providing
these exciting new services to you.