Terms and Conditions
Last Updated: April 19, 2013
A. TERMS AND CONDITIONS
1. User Conduct
2. Disclaimer of Warranty
NCROWD AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
NCROWD AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
NCROWD AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
3. Limitation on Liability
As the holder and issuer of the Voucher, Merchant is solely responsible for the value and redemption of Voucher and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Customer and the compliance with all laws, including, without limitation, unclaimed property and escheatment laws relating to the Vouchers.
UNDER NO CIRCUMSTANCES SHALL NCROWD OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF nCrowd OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
4. Copyright and Trademarks
Everything located on or in this Site is the exclusive property of nCrowd or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF NCROWD IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of nCrowd protected by copyright as a collective work under the United States copyright laws. nCrowd owns a copyright in the selection, coordination, arrangement and enhancement of such content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download, print, or save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of nCrowd and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with nCrowd shall not be deemed to be in the public domain but rather the exclusive property of nCrowd, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of nCrowd, unless otherwise stated.
User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. nCrowd does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted nCrowd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants nCrowd the right to edit, copy, publish and distribute any material made available on this Site by User.
6. License Grant
By posting communications on or through this Site, User shall be deemed to have granted to nCrowd a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
nCrowd shall have the right, but not the obligation, to monitor the content of the Site at all times, including any questions, reviews, chat rooms and forums that may hereinafter be included as part of the Site. Without limiting the foregoing, nCrowd shall have the right to remove any material from the Site that nCrowd, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable.
You agree to defend, indemnify, and hold harmless nCrowd, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site and the termination of this Agreement. nCrowd reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
nCrowd may terminate this Agreement at any time with or without cause. Without limiting the foregoing, nCrowd shall have the right to immediately terminate any accounts or passwords of User in the event of any conduct by User which nCrowd, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
10. Third Party Content
nCrowd, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of nCrowd. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with nCrowd. nCrowd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on nCrowd by anyone other than authorized nCrowd employee spokespersons while acting in official capacities. Under no circumstances will nCrowd be liable for any loss or damage caused by User’s reliance on information obtained through nCrowd or the Site. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through nCrowd or the Site.
nCrowd contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by nCrowd of the contents on such third-party sites and nCrowd hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at User’s own risk. Unless you have executed a written agreement with nCrowd expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. nCrowd reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for nCrowd established by nCrowd constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Legal issues arising out of, but not exclusive to the use of, this Site are governed by and in accordance with the laws of the State of Georgia (exclusive of its rules regarding conflicts of laws). By using this Site, User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Atlanta, Georgia under the rules of arbitration of the American Arbitration Association.
B. TERMS OF SALE
By placing an order, you make an offer to us to purchase the Vouchers you have selected on the terms and conditions stated below.
For purposes of this Agreement, “Restaurant” shall mean a vendor or merchant who offers food and beverage for sale in its regular business operations, and makes such food and beverages available to purchasers of nCrowd vouchers.
For purposes of this Agreement, “Merchant” shall mean any vendor or merchant, other than a Restaurant, who makes their Products or Services available to purchasers of nCrowd Vouchers.
1. Terms and Conditions for All nCrowd Products
All vouchers printed from the Site or any website associated with nCrowd (hereinafter “Vouchers”) are promotional Vouchers that are offered to Users below their face value and shall be subject to these Terms and Conditions and any applicable terms and conditions of the participating Restaurant or Merchant.
The holder and issuer of a Restaurant Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As the holder and issuer of the Voucher, the Restaurant or the Merchant 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 Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
In addition, the following terms and conditions apply to all Vouchers sold by nCrowd:
- Neither nCrowd nor the participating Restaurant or Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
- Reproduction, sale or trade of Vouchers is prohibited unless done so in compliance with the law.
- Any attempted redemption of Vouchers that is not consistent with these Terms and Conditions will render the Voucher void.
- No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
- No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
- Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher,
- Vouchers are void to the extent prohibited by law.
- Vouchers expire on the date specified on the Voucher, except where otherwise prohibited by law.
- Requests for returns and refunds are handled quickly and efficiently on a case-by-case basis. If you feel you need to return your voucher or request a refund, please contact customer service at: firstname.lastname@example.org. A member of our team will handle your request within 1 business day. nCrowd, Inc. will provide a refund of the purchase price paid by you within five (5) days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. Refunds requested more than five (5) days after purchase are issued via nCrowd Cash (store credit) toward a future purchase on CrowdSavings.com.
Each offer combines two separate portions: (i) a paid portion equal to the amount your credit card is charged (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the offer if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the offer are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.
The expiration date for a Voucher is as printed on the Voucher.
If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law, and nCrowd shall have no obligation or liability to you in the event that the Merchant refuses to honor the Voucher. You are solely responsible for presenting vouchers to the merchant prior to the vouchers expiration date and agree to hold nCrowd harmless from any and all liability for unredeemed or expired vouchers.
nCrowd Cash (Store Credit)
nCrowd Cash is a form of nCrowd currency that may be applied as a credit towards future nCrowd purchases on CrowdSavings.com. nCrowd reserves the right to discontinue nCrowd Cash or modify these terms. To accumulate and redeem nCrowd Cash, you must create, and maintain in good standing, an nCrowd customer account registered with a valid credit card on CrowdSavings.com. nCrowd Cash does not expire. Unless required by law, nCrowd Cash is non-transferrable and are not redeemable for cash. nCrowd may credit nCrowd Cash to your account for returns or refunded purchases or other reasons within our customer service team’s discretion. Once issued the reversal of store credit is prohibited once agreed by the purchaser as a valid form of refunding a purchase. nCrowd Cash may also be purchased in various increments on nCrowd gift cards or promotional codes. nCrowd gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code.
You are responsible for ensuring that nCrowd Cash you earn or are awarded as credits are added to your nCrowd account. nCrowd Cash in your account will be applied toward nCrowd purchases upon the User selecting the “use store credit?” box at checkout.
Your nCrowd Cash cannot be resold. Your nCrowd Cash cannot be combined or merged with nCrowd Cash in any other account registered to you or another End User. Access to nCrowd Cash or related account information may not be sold or distributed to others. You may not use any other End User’s password or account to accrue nCrowd Cash for that account. Unauthorized or fraudulent use, resale, or distribution of nCrowd Cash is prohibited. nCrowd reserves the right to cancel, revoke, or otherwise prevent the issuance of nCrowd Cash in cases of mistake and in any suspected case of unauthorized or fraudulent use.
Offer Specific Terms
Each offer has specific terms associated with it, which will be presented to you at the time you commit to purchase the particular offer. We may contact you in the case of a term change or error, at that time you may continue with the purchase or choose to cancel your purchase for a refund in the original form of payment or nCrowd Cash, you must specify by contacting email@example.com. Offer specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
nCrowd will provide a refund of the purchase price paid by you for any offer within five (5) days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five (5) days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business or refused to honor the Voucher. To request a refund, the original purchaser (nCrowd account holder) must contact nCrowd’s customer service department. nCrowd may credit nCrowd Cash to your account for returns or refunded purchases or other reasons within our customer service team’s discretion. Once issued the reversal of store credit is prohibited once agreed by the purchaser as a valid form of refunding a purchase.
Some of the offers are provided for a limited number of purchasers or a limited number of purchases per customer or household, as specified for the particular offer. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular offer by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases, and at nCrowd’s discretion terminate their account. nCrowd will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
Acquisitions: nCrowd’s acquisitions of other companies are asset purchases only. nCrowd may transfer unused store credits and vouchers purchased from the acquired company’s site, but cannot reverse store credit or credit card purchases or refunds, nor process refund requests. You may dispute past purchases on the acquired company’s site with your credit card issuer to recoup any losses from unused vouchers. It is at nCrowd’ Customer Support discretion to issue you nCrowd Credit in the event of a refund request for an acquired company’s offers and services.
2. Terms and Conditions for Restaurant Vouchers
In addition to the terms and conditions stated above, the following terms and conditions apply to Restaurant Vouchers sold by nCrowd:
- It is at the discretion of the Restaurant to determine whether Restaurant Vouchers can be combined with any other Restaurant certificates, third party certificates, coupons, or promotions.
- The redemption frequency for Restaurant Vouchers is determined by the applicable Restaurant, and shall be contained in the Voucher offer on nCrowd.
- The use of Restaurant Vouchers for alcoholic beverages is determined by the applicable Restaurant, in its sole discretion. The Restaurant agrees to comply with all state laws pertaining to the same.
- Restaurant Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Restaurant Vouchers are valid for dine-in only unless otherwise stated.
- Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher.
- The issuing of Restaurant credit is at the sole discretion of the Restaurant unless otherwise required by law.
3. Terms and Conditions for Merchant Vouchers
In addition to the terms and conditions stated above (other than those in Section 2 above relating to Restaurant Vouchers), the following terms and conditions apply to Merchant Vouchers sold by nCrowd:
- Merchant Vouchers may be applied only to merchandise sold by the Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Merchant Voucher per redemption. Only one (1) Merchant Voucher can be used per order unless otherwise specified by the Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Merchant Certificates cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by the Merchant.