Terms & Conditions

 
 

Last Update on 30th July 2013

The content on this website www.zagatdiningcard.com, (the “Website”) is a service offered to you SE Gift Cards. (“SE Gift Cards,” “we” or “us”). This Terms of Use Agreement (the “Terms of Use” or “Agreement”) contains the terms and conditions applicable to your access and use of the Website, whether accessed via the internet, wirelessly or through any other method, and to your purchase of a Zagat Dining Card product (a “Card”). You accept this Agreement by visiting the Website or purchasing, using or redeeming any Product. We may amend this Agreement at any time by posting the amended Terms of Use on the Website, and you agree that your use of the Website or purchase of any Card or service after such changes will constitute your acceptance of such changes. For your convenience, the date of last revision is included at the top of this page.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE.

Services

The Card may come in three main formats but are not restricted to these formats: physical gift card, e-gift card (e.g., a digital voucher), and printable gift card (e.g., a gift certificate), all of which are referred to herein as the “Card”. The Card can be used in a selection of Zagat-selected restaurants (“Participating Service Providers”) listed on the Website at www.zagatdiningcard.com. Unless otherwise prohibited by law, we and our partners reserve the right to change or substitute any Cards offered for sale and the prices or specifications of any Cards at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of Cards sold or made available for sale on the Website or by telephone.

Zagat Dining Card

Validity

The Zagat Dining Card is a gift card. The Card does not have any expiration date. In the case of loss, theft or destruction of the Card, the Card will not be replaced and you will not be able to redeem the Card in payment of any service provided by a participating Service Provider, nor claim any reimbursement, liability or indemnity of any kind from any Service Provider, SE GiftCards, or SE Gift Cards’ parent company, affiliates, subsidiaries, officers or directors. Therefore, treat the Card as cash. The Card is not and cannot be used as a credit card, credit line, debit card or deposit account.

Redemption

The Card may be transferred to and used by anyone who has reached the age of majority. The Card may only be redeemed for services provided by participating Service Providers, inclusive of all applicable taxes. Participating Service Providers, denominations of the Card, locations of the Service Providers, and services offered by the Service Providers are subject to change, availability, and the Service Providers’ terms and conditions, if any, as set out by the applicable Service Provider.

Authentication

You must present your Card (whether in physical, digital, or printed form) to the Service Provider so that the Service Provider may verify its authenticity. Only the original Card is a valid means of payment for services. If presented with an invalid/already redeemed/balance empty Card, Service Providers will refuse to provide you with services. For inquiries regarding the authenticity or validity of your Card, contact Customer Service at customer.service@zagatdiningcard.com.

Tips and Gratuities Not Included

Your Gift Card does not include tips or gratuities for any Service Provider or services.

Order

Validation of Order

Before accepting your order, we will validate your order and the credit card number you submitted to us. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

E-mail Confirmation

Once you complete your purchase, we will send you an order confirmation e-mail to the e-mail address you provide in your order form.

E-Communications Disclosure

Note: This E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Zagat Dining Card and any related products and services (“E-Communications”).  This Disclosure supplements and is to be construed in accordance with the terms contained in the Cardholder Agreement (“Agreement”) you received from Sunrise Bank.  The words "we," "us," and "our" refer to Sunrise Bank, the issuer of your Zagat Dining Card.  The words "you" and "your" mean you, the individual(s) identified on the Card Account.  As used in this Disclosure, "Card Account" means the Zagat Dining Card  Account you have with us.

1.  Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any required communications or disclosures in electronic format, and that we may discontinue sending paper communications and disclosures to you, unless and until you withdraw your consent to E-Communications as described below. Your consent to receive E-Communications includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with Zagat Dining Card and any related products and services
  • Your Cardholder Agreement and any notices about a change in the terms of your Cardholder Agreement
  • Privacy policies and notices
  • Error Resolution policies and notices
  • Responses to claims filed in connection with your Card Account
  • Notices regarding insufficient funds or negative balances
 

2.  Method of Providing Communications to You in Electronic Form. All E-Communications that we provide to you will be provided by e-mail or by posting such E-Communications on our website at www.zagatdiningcard.com

3.  How to Withdraw Consent. You may withdraw your consent to receive E-Communications at any time by contacting us by phone.  [If you do, we will send subsequent required communications and disclosures to you in writing to the most current address we have for you in our records.  We will not impose any fee to process the withdrawal of your consent to receive E-Communications.  Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal.  In the meantime, you will continue to receive E-Communications from us.  If you withdraw your consent, the legal validity and enforceability of prior required disclosures and communications delivered in electronic form will not be affected. 

4.  How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by [explain how customers may update their contact information; list all options available (should not be overly burdensome)].  

5.  Hardware and Software Requirements. In order to access, view, and retain E-Communications that we make available to you, you must have:

  • An Internet browser that supports 128 bit encryption
  • Microsoft Internet Explorer 4.7 or above, Netscape Navigator 4.7 or above, or the equivalent software.
  • Sufficient electronic storage capacity on your computer's hard drive or other data storage unit
  • An e-mail account with an Internet service provider and e-mail software
  • A personal computer (for PCs: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing E-Communications received from us in via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above
  • Adobe Reader version 9.0 or higher 

6.  Requesting Paper Copies. We will not send you a paper copy of any E-Communication unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an E-Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the E-Communication to you. To request a paper copy, contact us by  phone.  We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any required disclosure or communication that you have authorized us to provide electronically.

7.  Communications in Writing. All required disclosures and communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other E-Communication that is important to you.

8. Federal Law. You acknowledge and agree that your consent to E-Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

9.  Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your E-Communications, or to terminate or change the terms and conditions on which we provide E-Communications. We will provide you with notice of any such termination or change as required by law. 

Right Not to Process Your Order

We reserve the right not to process your order if the Card you requested becomes unavailable. If that happens, we will advise you that your order has been cancelled and will either not charge you or apply a credit to your credit card.

Payment

We accept payment through Global Collect (which accepts credit card payments) and Paypal. Your credit card or Paypal account will be charged once we have received your order.

Delivery Terms

Delivery

Physical Cards: Buyer shall pay delivery fees. We will use commercially reasonable efforts to deliver your Card on time. We are not responsible for any delays caused by the delivery company.

Digital/printable Cards: We will deliver such Cards by email or some other recognized digital format, free of charge and you will receive a confirmation email.

Number of Cards per Shipment

There is no minimum or maximum order requirement. For an order of more than 10 Cards, please contact the B2B department at corporate@zagatdiningcard.com.

Damages or Losses Resulting from Delivery for Physical Cards

You are responsible for checking to ensure that the Card is in a reasonably satisfactory condition when counter signing the receipt of delivery. If the package is damaged, either do not accept delivery of the Card or sign the delivery receipt stating that the package is damaged.

Shipping Address; Risk of Loss

We can send the Card to you, directly to the final recipient, or to another address at your request. Following delivery, risk of damage to or loss of the Card will pass to you. If the delivery company is unable to deliver the Card because of your unavailability or because of the inaccuracy of the contact details you have provided us, any subsequent deliveries will be made at your cost.

Refunds and Exchanges

Return Process

Unless otherwise required by law, a Gift Card may not be returned or redeemed for cash, provided however, you may return the Product within thirty (30) days of purchase for a refund if you have not booked your Service with a Service Provider. Products must be returned with all content included and in good condition. All Product returns must be pre-approved. If you wish to return or exchange a Product, please contact Customer Service.

Shipping

You will be responsible for the payment of any shipping costs associated with any Product return. All authorized return Products purchased using the Website or by telephone must be returned to Customer Service.

Purchase from a Retail Store

If the Product has been purchased from a retail store, a refund can only be obtained by returning the Product and all of its content, in good condition, to the place of purchase (except as otherwise agreed with the retail store) together with the corresponding receipt. These refunds will be subject to the store’s own terms and conditions.

Service Provider Services.

Making a Reservation

When making a reservation with Service Providers, you may be asked to provide non-public personal information, such as a credit card number, and we are not responsible for the Service Providers’ use of such service product personal information. SE Gift Cards is not responsible for the privacy practices of Service Providers (even if they utilize SE Gift Cardss name or logos). We encourage you to be aware of this when you read the privacy policies of each and every Service Provider as such policies may differ from ours.

Service Provider Terms

The services of Service Providers may be subject to certain terms, conditions and limitations. It is your responsibility to review a Service Provider’s terms, conditions and limitations to confirm that you meet their specific requirements for service and agree with any such Service Provider’s terms, conditions and limitations.

Modifications and Cancellations

You are subject to the Service Provider’s service modification and cancellation policies, including the payment of cancellation fees, if any. SE GiftCards and Zagat (including without limitation their respective parent, affiliated, and subsidiary companies) will not be responsible for any modification or cancellation fees.

Substitution of Service Provider/Restaurant or Service

Participating Service Providers, locations of Service Providers and/or the content of the services provided by Service Providers are subject to availability and are, at all times, subject to change on the site for any reason. Service Provider description or images on the Website are given by way for illustrative purposes and do not necessarily represent or reflect the services offered or provided. Please contact your selected Service Provider directly to find out the exact services provided and the associated terms and conditions

Providing Services

Service Providers are solely responsible for providing services. SE Gift Cards, Zagat, their parent, affiliated and subsidiary companies, and their agents and resellers of SE Gift Cardsare not responsible for providing or performing any services offered by a Service Provider. You must deal directly with the Service Provider with regard to any problem or dispute regarding its Services.

Service Providers are Independent Contractors

Service Providers are independent contractors, and are not agents, affiliates, or representatives of SE Gift Cards or Zagat. As a result, SE Gift Cards, Zagat, and their parent, affiliated and subsidiary companies will not be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages arising out of, or in any manner connected with the Services, acts, omissions or representations of Service Providers.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SE GIFTCARDS, ZAGAT, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.

Third Party References

References to third party goods or services do not imply SE Gift Cards endorsement of such goods or services by SE Gift Cards or Zagat, and SE Gift CardsSE and Zagat disclaim all liability with regard to your access to and use of such material.

Trademarks

SE Gift Cards® and SE GiftCards.com™ are trademarks/service marks owned or licensed by SE Gift Cards. Unauthorized use of any SE Gift Cards trademark, service mark or logo may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of SE Gift Cards by the respective trademark owners.

Communications With Third Parties

Your dealings or communications with any party are solely between you and that third party. Under no circumstances will SE Gift Cards or Zagat be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

Privacy Policy

The privacy of all of our users is important. Please review our Privacy Policy. If you do not agree with our Privacy Policy you may not purchase, use or redeem any Gift Card.

Disclosure of Personal Information and Service Provider Content

Without limitation of any of the rights granted to us SE Gift Cards herein, you acknowledge and agree that SE Gift Cards We may preserve and disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce our rights; or (iii) protect the rights, property, or personal safety of our company, SE GiftCards any individual or the public.

Disclaimer of Warranties

THE CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SE GIFTCARDS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CARD. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SE GIFTCARDS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER SE GIFTCARDS NOR ANY OF ITS PROVIDERS SHALL BE LIABLE FOR ANY ERRORS IN ANY INFORMATION SUPPLIED WITH THE CARD, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SE GIFTCARDS DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE CARD, EVEN IF SE GIFTCARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SE GIFTCARDS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SE GIFTCARDS.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Dispute Resolution and Governing Law

Binding Arbitration

If you and us are unable to resolve any controversy or claim related to this Agreement (each a “Dispute”), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Restrictions

You and SE Gift Cards agree that any arbitration shall be limited to the Dispute between SE Gift Cards and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

b.E-Communications Disclosure 

 

Form of E-Communications Disclosure:

 

We suggest you read this document and print a copy for your reference.

 

Note: This E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your [name of prepaid card] and any related products and services (“E-Communications”).  This Disclosure supplements and is to be construed in accordance with the terms contained in the Cardholder Agreement (“Agreement”) you received from Sunrise Bank.  The words "we," "us," and "our" refer to Sunrise Bank, the issuer of your [name of prepaid card].  The words "you" and "your" mean you, the individual(s) identified on the Card Account.  As used in this Disclosure, "Card Account" means the [name of prepaid card] Card Account you have with us.

 

1.  Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any required communications or disclosures in electronic format, and that we may discontinue sending paper communications and disclosures to you, unless and until you withdraw your consent to E-Communications as described below. Your consent to receive E-Communications includes, but is not limited to:

 

  • All legal and regulatory disclosures and communications associated with [name of prepaid card] and any related products and services
  • Your Cardholder Agreement and any notices about a change in the terms of your Cardholder Agreement
  • Privacy policies and notices
  • Error Resolution policies and notices
  • Responses to claims filed in connection with your Card Account
  • Notices regarding insufficient funds or negative balances

2.  Method of Providing Communications to You in Electronic Form. All E-Communications that we provide to you will be provided by e-mail or by posting such E-Communications on our website at www.zagatdiningcard.com.

3.  How to Withdraw Consent. You may withdraw your consent to receive E-Communications at any time by [insert methods for withdrawing consent; list all options available (should not be overly burdensome)].  [If you do, we will send subsequent required communications and disclosures to you in writing to the most current address we have for you in our records.][3]  We will not impose any fee to process the withdrawal of your consent to receive E-Communications.  Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal.  In the meantime, you will continue to receive E-Communications from us.  If you withdraw your consent, the legal validity and enforceability of prior required disclosures and communications delivered in electronic form will not be affected. 

4.  How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by [explain how customers may update their contact information; list all options available (should not be overly burdensome)].  

5.  Hardware and Software Requirements. In order to access, view, and retain E-Communications that we make available to you, you must have:

  • An Internet browser that supports 128 bit encryption
  • Microsoft Internet Explorer 4.7 or above, Netscape Navigator 4.7 or above, or the equivalent software.
  • Sufficient electronic storage capacity on your computer's hard drive or other data storage unit
  • An e-mail account with an Internet service provider and e-mail software
  • A personal computer (for PCs: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing E-Communications received from us in via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above
  • Adobe Reader version 9.0 or higher

6.  Requesting Paper Copies. We will not send you a paper copy of any E-Communication unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an E-Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the E-Communication to you. To request a paper copy, contact us by [explain how customers may request paper copies; list all options available (should not be overly burdensome)]. We may charge you a service charge for the delivery of paper copies of certain E-Communications provided to you electronically pursuant to this authorization. See the fee schedule in your Cardholder Agreement for details about this service charge.[4] We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any required disclosure or communication that you have authorized us to provide electronically.

7.  Communications in Writing. All required disclosures and communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other E-Communication that is important to you.

8. Federal Law. You acknowledge and agree that your consent to E-Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means 

9.  Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your E-Communications, or to terminate or change the terms and conditions on which we provide E-Communications. We will provide you with notice of any such termination or change as required by law.

Exceptions to Arbitration

You and SE Gift Cards agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of SE Gift Cards’s intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.

Location

Any arbitration will take place in New York, NY. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within New York, NY, and you and SE Gift Cards hereby submit to the personal jurisdiction of that court and agree to receive service of process by mail.

Governing Law

This Agreement shall be governed by, and will be construed under, the laws of the State of New York, with respect to all matters and without regard to choice of law principles.

Questions and Customer Service

If you have any questions regarding this Agreement or a Card, or wish to report any issue relating to the service provided to you, please contact our Customer Service at customer.service@zagatdiningcard.com  or by calling 1-866-279-1441. Our hours of operation are Monday to Friday, 8AM to 8PM EST. Customer service is provided by SE Gift Cards, a company located at 54 W 40th Street, 4th floor, New York, 10018, USA.

Miscellaneous

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, all other provisions shall remain in full force and effect and the parties agree to use their best efforts to achieve the purpose of the invalid or unenforceable provision by a new valid and enforceable provision. Headings are for reference purposes only. SE Gift Cards’ waiver of any provision of this Agreement shall not be deemed a waiver of any other provision herein, nor shall SE Gift Cards’s waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions herein. This Agreement sets forth the entire understanding and agreement between you and SE Gift Cards with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or the Cards must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.