Gift Terms and Conditions
(Updated November26, 2019)
The following Terms and Conditions (these “Terms”) apply to Foodsby Gifts:
You agree that Foodsby, Inc. (“Foodsby”) may provide notices, disclosures, and amendments to these Terms and other information relating toGifts by electronic means, including by posting these materials online at www.foodsby.com.
Purchase and Gifting; Valid Email Addresses. Gifts may be purchased and gifted only at the Site. Eligible purchasers may be further limited as set forth at the Site. Follow the instructions at the Site for Gift purchases and identification of gift recipients.Gift recipients must be members in good standing of Foodsbywith a valid email address associated with their membership. If a recipient is not a member, follow the instructionsat the Site for a membership invitation to be sent to a potential Gift recipient.Foodsbyis not responsible for Gifts that are undeliverable or not received due to the purchaser’sfailure to enter an accurate and valid email addressor for the intendedrecipient to maintain a valid email address. Please check to make sure the email address is correct and contact firstname.lastname@example.org if you are encountering issues.Gifts aretransferrable only by the initial purchaser of the Gift, and may only be gifted (transferred) as described above. Gifts arenon-transferrable after the initial gift transfer by the initial purchaser to the intended gift recipient.Gifts may not be resold.
Redemptionand Use. The recipient of an Gift will be notified by email from Foodsby of receipt of an Gift. Gifts will be posted to a recipient member’s Foodsby account pending redemption by the recipient. A Gift has no value until posted to the Foodsby account of a Foodsbymember in good standing, and only then has value to apply to an eligible Foodsby order. Gifts may be redeemed only at the Sitefor food orders from participating restaurants at the time of placing an order at the Site. Follow the instructions at the Site for Gift redemption and use. When making an order,a recipient must choose to apply the Gift amount to an eligible order.Orderspaid for with aGift are subject to applicable sales tax.If the amount of a Gift does not cover the total purchase amount (including taxes), a userwill need to pay for the remainder of the purchase with a valid form of payment at the time of purchase.Gifts may not beused for past orders or purchases;purchases of Gifts, gift cards or gift certificates;purchases on Foodsby Meeting;or payment for Foodsby Unlimited subscriptions.
Not for promotional use.Giftsmay be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activitiesof any kind(including, without limitation,onthird party websites;or with Internet, print, e-mail, telemarketing, direct mail or other advertisementsand promotions, or radio, Internet ortelevision broadcasts) without Foodsby’sprior written approval. 5.Limitation of Responsibilityand Liability.Treat Gift codes like cash. Foodsby is not responsible for (and will not replace) lost or stolen Gift(s), or Gift(s) used without a purchaser’s or recipient’s, as applicable, permission.Foodsby shall nothave responsibility or liabilityfor use of any Gift(s)by third parties through a purchaser’s or recipient’sFoodsbyaccount.A Foodsby member issolely responsible for keeping the password forthe member’saccount safe and for any activity conducted under the member’s account.
FOODSBY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TOGIFTS OR CODES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL ANY GIFT PURCHASER,RECIPIENT OR POTENTIAL RECIPIENT BE ENTITLED TO (AND SUCH PURCHASER, RECIPIENT OR POTENTIAL RECIPIENT WAIVES THE RIGHTS TO) PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Compliance withLaws. By purchasing, redeeming or usingGifts, a purchaser or recipient, as applicable, iscertifying and representing to Foodsbythat the activities in connection with such activities comply with these Terms,and all applicable laws, rules and regulations, and that the Giftswill not be purchased, redeemed or used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Foodsby.A purchaser or recipient, as applicable,agreesto defend and indemnify Foodsbyand its parents, subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with a purchaser’s or recipient’s purchase, redemption or useof Giftsor violation of any of these Terms.
Changes to Terms. Foodsbymay change these Terms, and any other terms, conditions, instructions, limitations and restrictionsapplicable toGifts from time to time at Foodsby’ssole discretionandwithout notice. Foodsbyrecommendsreviewing these Terms, and the other terms, conditions, instructions, limitations and restrictions at the Site from time to time to review the then-current materials.
Issuer. Foodsby is the issuer of the Giftsand sole obligor to the Gift purchaser and recipient. Foodsbymay delegate its issuer obligations to an assignee without recourse; if delegated, the assignee, and not Foodsby, will be the sole obligor to the Gift purchaser and recipient.
Laws. These Termsshall be governed by and interpreted in accordance with the laws of the State of Minnesota, without giving effect to principles of conflicts of law that would require the application of the laws of another jurisdiction.
Disputes. ANY DISPUTE, CLAIM OR CAUSE OF ACTION REGARDING GIFTS, OR THE PURCHASE, REDEMPTION OR USE THEREOF, OR THESETERMS, SHALL BE BROUGHT (A) INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR COLLECTIVE ACTION, AND WITHOUT JOINDER OR CONSOLIDATION OF CLAIMS OF THIRD PARTIES, AND (B) EXCLUSIVELY BEFORE A SINGLE PRIVATE AND IMPARTIAL ARBITRATOR IN A CONFIDENTIAL, FINAL AND BINDING ARBITRATION HELD IN MINNEAPOLIS, MINNESOTAADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS THEN CURRENT COMMERCIAL ARBITRATION RULES; THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES AVAILABLE UNDER APPLICABLE LAW. ANY AWARD AND ANY CONFIRMING JUDGEMENT APPLIES ONLY TO THE ARBITRATION IN WHICH IT WASAWARDED AND CANNOT BE FURTHER USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
Questions? If you have any questions concerning these Terms, your E-Gift code balance(s), or other E-Gift information, please contact email@example.com.