Terms of Sale

Last updated August 30th, 2021

By purchasing any Merchant Offering, Product or participating in other available programs via the Site, you agree to the Terms of Service, including, without limitation, the Terms of Sale specified below.

(a) In General

Descriptions of the Merchant Offerings and Products advertised and sold on the Site or App are provided by the Merchant or other referenced third parties. Clubfeast Inc. (“Club Feast” or “Feast”) does not investigate or vet Merchants. Club Feast is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the Site may change at any time in Club Feast’s sole discretion without notice.

A Merchant may advertise goods, services or experiences on the Site that require Merchant to have an up-to-date regulatory authorization, license, or certification. Club Feast does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided.

Club Feast is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.

Club Feast may, in its sole discretion, verify a user’s identity prior to processing a purchase. Club Feast may also refuse to process a purchase, may cancel a purchase, or may limit quantities, shipment, or food delivery to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued where appropriate.

If an offer becomes unavailable between ordering and processing, Club Feast will either cancel or not process the order and will notify you by email.

Club Feast does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Club Feast reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, Club Feast will attempt to notify you by email. In addition, Club Feast reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering.

 (b) Merchant Offerings

(i) Vouchers

Vouchers are distributed and sold by Club Feast and are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Club Feast and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.

By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase, the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we make available, unless otherwise disclosed in connection with the purchase of a particular Voucher, and except as otherwise required by law. In the event of a conflict between these rules and the terms advertised in connection with and on the Voucher at the time of purchase, the terms advertised in connection with and on the Voucher at the time of purchase will control. Any attempt to redeem a Voucher in violation of these Terms of Service (including, without limitation, the Terms of Sale) will render the Voucher void.

The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Site may change at any time in Club Feast’s discretion, without notice.

The Merchant is solely responsible for the sale and shipment of alcoholic beverages.

 (ii) Coupons

Coupons are offered by Merchants to consumers throughout the Site, including, without limitation, a portion of the Site dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Merchant. Any service fee retained by Club Feast from the sale of a Coupon, if applicable, is compensation to Club Feast for marketing, promoting, advertising, and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. Club Feast does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. Club Feast is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.

(iii) Merchant Gift Cards

Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the Site, you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by Club Feast from the sale of a Merchant Gift Card is compensation to Club Feast for marketing, promoting, advertising, and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Club Feast does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Club Feast is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.

(iv) Bookings

Through the Site, certain Merchants allow you to schedule use of your Voucher on a specific date and time (i.e., a Booking), and make any additional payments through the Site. Any additional charges that may be charged after the Booking, such as applicable gratuity, will be disclosed in connection with the Booking.  Your Booking is not complete until you receive confirmation from Club Feast that the Booking is confirmed. Any scheduling restrictions, such as maximum group size or time and date availability, will be specified in connection with the Booking. The Merchant is solely responsible for honoring any booking that is not booked through the Site and associated discounts, as well as for any of Merchant’s customer loyalty programs. A Booking may not be sold, auctioned, or bartered. Additionally, the Merchant is solely responsible for the care and quality of all goods and services it provides to you. Club Feast does not facilitate nor is it liable for any special requests that the Merchant may accommodate at its discretion. It is within the Merchant’s sole discretion to provide an alternative date and time after a missed Booking.

If you purchase a Voucher but do not make Booking, the terms applicable to the amount paid and promotional value for traditional Vouchers apply. Restrictions regarding cancellation or rescheduling deadlines and availability of appointments may vary by Merchant and will be no less than 24 hours before your scheduled Booking, unless stated otherwise in connection with the Booking. If you do not cancel or reschedule your Booking before such cancellation or rescheduling deadline, your Voucher will be redeemed after such deadline passes. Club Feast will not provide a refund for any missed Booking if you do not cancel or reschedule before the deadline stated in connection with the Booking. The Merchant is solely responsible for all availability and all goods and services provided on and/or through the Site.