Unicard Deals

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Terms and Conditions (scroll to bottom for Rewards Terms)

A. Definitions. 

1. “Vouchers” shall mean electronic vouchers that can be redeemed for the Merchant’s goods or services offered per this Agreement.  Vouchers will be offered to the public for purchase on the Service Provider Network.  

2. “Electronic Deal or Offer” shall mean offers or deals that are electronic (voucherless) and offered through the Unicard software for redemption through the use of a plastic unicard or other means of access such as a phone number, offered to the public for purchase on the Service Provider Network.

3. “Purchaser” shall mean any person that purchases a Voucher through the Service Provider Network. 

4. “Offer Period” shall mean the date(s) that the Service Provider publishes and offers Vouchers for purchase on the Service Provider Network.  

B. Voucher Program. 

1. Voucher Sale

Upon execution of any Merchant Contract, Merchant authorizes the Service Provider to offer, sell and distribute offers on behalf of Merchant anywhere on the Service Provider Network, in accordance with and subject to the restrictions set forth in this Agreement.  Merchant acknowledges that the Service Provider may terminate the publication or promotion of offers at any time.   

2. Customer Service.

If a prospective Purchaser has questions about the Merchant or its offer, the Merchant agrees to promptly respond.   Once a Voucher or Electronic Deal is delivered to the Purchaser, Merchant shall be solely responsible for all customer service in connection with the Voucher or Deal.  

3. Payment.

The Service Provider shall remit payment to Merchant according to the schedule and terms set forth in the Merchant Contract. 

4. Variable Discount Rate.

Unless otherwise set forth in a Merchant Contract, the Service Provider reserves the right to alter the Purchase price of Vouchers specified in such Merchant Contract.  The Service Provider will be paid the Purchase price by the Purchaser and Merchant will be paid the Remittance Amount set forth in the Merchant Contract.   

5.  All Merchant Vouchers.

a. Merchant vouchers may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges unless expressly authorized by Merchant.

b. Only one voucher can be used per order, per table/party unless expressly permitted by Merchant and set forth in the Merchant Contract.

c. The Service Provider Vouchers may not be combined with any gift certificates, coupons, or promotions, unless expressly permitted by Merchant.   

d. Other eligibility requirements determined by Merchants and contained in the Merchant Contract.

e.  Any other terms and conditions not mentioned here but are mentioned in the Merchant Agreement are incorporated by reference into this agreement.

6. Merchant is solely responsible for supplying such goods or services and redeeming the Voucher in accordance with its terms.

7. Merchant is solely responsible for providing restrictions, limitation and/or "fine print" for each Voucher.

6. Restaurant Vouchers.

Any Merchant who offers food and beverages for sale in its regular business operations, makes greater than thirty percent of its revenue from food, and is making such food and/or beverages available to Purchasers of the Service Provider Vouchers shall be also defined as a “Restaurant.”  All Restaurant Vouchers are subject to the following terms: 

a. Redemption frequency and other eligibility requirements are determined by Restaurants, and shall be contained in the Voucher offer on the Service Provider and must be specified in the Merchant Contract.

b. Restaurant agrees to comply with all state laws pertaining to purchase and consumption of alcoholic beverages.

c. The Service Provider Vouchers may not be combined with any gift certificates, coupons, or promotions, unless expressly permitted by Restaurant. 

d. Restaurant Vouchers may not be used for alcoholic beverages, taxes, tips or prior balances, unless expressly permitted by Restaurant.

e. Restaurant Vouchers are valid for dine-in only, unless otherwise determined by Restaurant.  

7. Merchant and Restaurant Vouchers or Deals defined.

The holder and issuer of a Merchant Voucher is the Merchant.   The holder and issuer of a Restaurant Voucher is the Restaurant.  Vouchers shall have no cash value.  As a holder and issuer of the Voucher, the Restaurant or Merchant shall be responsible for 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. The Service Provider is not responsible for any such injuries, illnesses, damages, claims, liabilities or costs.

C. Term and Termination. 

1. This Agreement shall continue in effect for the longer of one (1) year following the Effective Date or the last date when a customer of the Service Provider redeems a Voucher offered by Merchant through the Service Provider (“Term”). 

2. The Service Provider may terminate this Agreement by giving the Merchant written notice of such termination.   

3. Merchant may terminate this Agreement in the event that the Service Provider does not publish Merchant’s commercial information on the Service Provider’s website within one year of execution of any Merchant Contract, by giving the Service Provider written notice of such termination, 

4. The expiration of the Term shall not in any way affect the Purchaser’s usage of the Voucher. 

5. EXPIRATION OF VOUCHERS: Vouchers expire as indicated on the voucher accoding to the Merchants discretion. HOWEVER, paid value expires 5 years from date of purchase or as provided by law. Merchants shall honor promotional-expired vouchers for paid value for 5 years from date of purchase or as provided by law. In the event a Merchant goes out of business or shutters for any reason, Service provider "Unicard Deals" shall not be responsible for redemption or refund of paid or promotional values.

D. Merchant Representations and Warranties; Exclusivity.  

1. Merchant represents and warrants throughout the Term that (a) Merchant, via execution of any Merchant Contract, has the right, power and authority to enter into this Agreement, and (b) the Voucher, upon being activated and delivered by the Service Provider shall be available immediately for redemption by purchaser.  Merchant further agrees to comply with the Merchant Agreement, Privacy Policy, any notices posted on the Merchant section of the Unicarddeals.com website, and to comply with any applicable State, Federal, privacy, consumer and other laws, including those that govern vouchers, gift cards, coupons, and/or gift certificates.  Merchant shall allow the Purchaser to redeem the Service Provider Voucher in compliance with applicable State or Federal laws.

2. Merchant represents and warrants that Merchant will not promote a substantially similar online offer with respect to the products or services described in the Merchant Contract for at least 30 days following the offer period.

3. Merchant agrees to not offer the promoted services or goods for a price that is less than what is advertised on the Service Provider Network for the period that the applicable voucher remains active.

E. Communication with Purchasers and Privacy. 

In the event Merchant receives any personal contact information, including but not limited to name, mailing address, email address, or telephone number, of Voucher Purchasers (collectively “Personal Information”), Merchant agrees not to use or disclose such Personal Information other than solely for the purposes of filling or servicing the Voucher(s) offered by such Merchant under this Agreement.  However, Merchant may use the information provided by Purchasers to form marketing lists for its exclusive use. At not time will Merchant disclose, sell or otherwise provide Personal Information to third parties.

F. Limited License.  

Merchant grants the Service Provider a worldwide, royalty-free, and non-exclusive license to use, reproduce, distribute, publish, display, perform, and promote Merchant owned trademarks, logos, graphic images, text and other content provided to the Service Provider by Merchant for the purpose of promoting any Voucher under this Agreement. 

G. Disclaimers. 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY REGARDING ITS SERVICES OR SOFTWARE.  ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED BY THE SERVICE PROVIDER.  MERCHANT ACKNOWLEDGES THAT THE SERVICE PROVIDER HAS NOT REPRESENTED OR WARRANTED THAT ITS SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY OR COMPROMISE OF ANY SYSTEMS RELATED TO THE SERVICE PROVIDER’S SERVICES. 

H. Indemnification. 

Merchant will indemnify, defend and hold harmless the Service Provider, its officers, directors, agents and employees, from and against any and all claims, losses, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees), either arising out of or relating to (i) the sale or use of any product or services sold by Merchant, (ii) claims brought or damages suffered by any Purchaser, customer, or prospective customer of Merchant relating to Merchant’s or its agents’ misuse of the Service Provider services, (iii) the breach of this Agreement by Merchant or (iv) Merchant’s violation of any applicable law or the rights of any third party.  This defense and indemnification obligation will survive the Term of this Agreement.  

I. Limitation of Liability. 

IN NO EVENT WILL THE SERVICE PROVIDER’S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT OF FUNDS PROCURED BY THE SERVICE PROVIDER FROM MERCHANT UNDER THIS AGREEMENT.  IN NO EVENT WILL THE SERVICE PROVIDER OR ITS LICENSORS HAVE ANY LIABILITY TO MERCHANT OR ANY OTHER PARTY FOR ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  Notwithstanding the above, the limitations set forth above shall be enforceable to the maximum extent allowed by applicable law. 

J. Confidentiality.  

The terms of any Merchant Contract under this Agreement are confidential, and Merchant agrees to not disclose any such terms to any party (other than their employees, parent companies, and shareholders on a need-to-know basis, only after each has taken precautions to preserve the confidentiality of the information made available to such individuals).  Any breach of this confidentiality provision by Merchant shall be considered a material breach of this Agreement, and subject Merchant to all remedies available to The Service Provider for such breach. 

K. Execution of this Agreement.  

This Agreement is executed via Merchant’s submission of any Merchant Contract, in one or more counterparts and by transmission of an email, facsimile or digital image containing the written acceptance of any person apparently authorized to execute such a Merchant Contract, including without limitation any person involved in marketing on behalf of Merchant.   

L. Miscellaneous. 

1. Survival.

The provisions of sections A., B., D., E., G., H., I., J., and L of this Agreement will survive the Term of this Agreement. 

2. Entire Agreement and Modification.

The terms in this Agreement, including without limitation any Merchant Contract under this Agreement, constitute the entire agreement between the Service Provider and Merchant regarding its subject matter.  The terms of this Agreement supersede any prior or simultaneous agreement or terms, whether written or oral.  Except as otherwise provided in this Agreement, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the Parties. 

3. No Third Party Beneficiaries. 
Nothing in this Agreement shall be deemed to confer any third party rights or benefits outside of the Service Provider Network. 

4. Independent Contractors.

The Parties are independent contractors.  Nothing in this Agreement shall be construed to create a joint venture, partnership, or an agency relationship between the Parties.   

5. Governing Law and Jurisdiction.

This Agreement will be governed by and construed in accordance with the laws of the State of Texas without reference to its conflicts of laws principles.  The parties acknowledge and agree that this Agreement is made and performed in Dallas, Texas; and that any legal action relating to this Agreement and/or otherwise between the Parties must be resolved by an appropriate court located in Dallas County, Texas.    

6. Severability.

In the event that any provision of this Agreement is held unenforceable or invalid by a court having competent jurisdiction, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision(s). 

7. No Assignment.

Merchant may not assign this Agreement without the prior written consent of the Service Provider.   

8. Force Majeure

The Service Provider does not guarantee continuous, uninterrupted access to its site or service.  There may be disruption of the functions of the site or service by factors outside the control of the Service Provider, and the Service Provider shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes outside of the Service Provider’s control.

 

Unicard Rewards Terms and Conditions

It is the Unicard Rewards member's responsibility to read and understand the terms and conditions regarding Dining Rewards, outlined below.

Rules Concerning Unicard Rewards Points

  • Only Unicard Rewards registered members can participate in Rewards and earn Points. Members earn Points as determined by each participating merchant initiated by signing up in a participating merchant or by registering online at www.unicarddeals.com/rewards, confirming subscription via email and swiping the members Unicard (or number) in each participating merchant once a day, unless otherwise stated, (the “transaction”). Points are not awarded until the transaction has been completed.
  • Unicard Rewards points that do not come from a valid transaction do not accrue. The number of points accrued for each member in each merchant will be displayed and printed upon each  transaction.
  • By signing up as a member of Unicard Rewards by card or online, each member acknowledges and agrees for his or her email will be used for correspondence regarding reward and offers originating from Unicard Deals.
  • Unicard Rewards is not responsible for awarding Points if a member does not properly complete the transaction.
  • Members are only entitled to one point per location per day. Any abuse of the program will result in a member being terminated from the Rewards Points program.

Terms and Conditions

  • Unicard Rewards reserves the right to terminate Rewards, or to change these Terms and Conditions, regulations, or benefits of participation, in whole or in part, at any time with or without notice, even though changes may affect the number of Points already accumulated. Unicard Rewards may also withdraw, limit, modify or cancel the number of Points required for reward redemption or change the number or type of reward offered. Unicard Rewards will have final decision should any disputes over Rewards or the awarding of Points arise.
  • Birthday and Anniversary rewards are good only for the month the birthday or anniversary falls. 
  • Rewards earned are good for one year or a period determined by the merchant and printed on the voucher. Rewards are NOT considered gift cards.
  • Rewards earned are delivered once a month within 14 days of achieving the amount of pre-determined points in each business. In other words, your prize is not rewarded immediately but will be emailed to you for use at a later date.
  • Unicard Rewards reserves the right to terminate a member's Rewards' account and cancel accrued Points if Unicard Rewards believes, in its sole discretion, that the member is abusing the Rewards program, or is misrepresenting any information furnished to Unicard Rewards.
  • Any Unicard Rewards member who fails at any time to earn Points for a period of twelve (12) months is subject to termination of his or her membership and forfeiture of all accrued Points.
  • Points may expire after one year. If a merchant closes or discontinues the Unicard Rewards program, a members points at that merchant will terminate simultaneously with the merchants termination. 
  • Should Unicard Rewards offer rewards from any partners, Unicard Rewards will not be responsible for any partner's participation in or withdrawal from Rewards.
  • Dining Points earned by a member in two or more different accounts cannot be combined to redeem any award.
  • Members are solely responsible for any tax liability related to participation in Rewards.
  • Inquiries regarding the Unicard Rewards Points must be submitted via email or phone call, allowing 24 hours for reply.