These Terms and Conditions (“this Agreement”) describe the terms and conditions that apply to use of Eat With Us Group Gift Cards. This Agreement is between you (as the cardholder, and any subsequent cardholder) and the EAT WITH US GROUP (referred to in these Terms and Conditions as “Eat With Us Group” or “we,” “us,” or “our”). By purchasing, accepting or using any Eat With Us Group Gift Card, you accept and are bound by this Agreement. If you do not agree with this Agreement, do not purchase, accept or use or the Gift Card.
- About Your Gift Card. Eat With Us Group Gift Cards are issued by EAT WITH US GROUP. EAT WITH US GROUP is responsible for the operation and maintenance of the Gift Card program in the United States. Eat With Us Group Gift Cards can be purchased only at participating Eat With Us Group Restaurants and on-line at www.eatwithusrestaurants.com. All stored value amounts are in United States funds. Gift Cards can be purchased in participating Eat With Us Group Restaurants using cash, debit card or approved credit card and on-line with credit card acceptable to Eat With Us Group. The amount of food, beverage and other merchandise purchased will be applied against the Gift Card balance immediately. PROTECT YOUR CARD LIKE YOUR CASH.
- Registration. Gift Cards can be registered online at www.eatwithusrestaurants.com. Upon registering your card, you will receive a confirmation email from us containing information for managing your account.
- Balance Inquiry/Reload. For balance inquiries, please visit www.eatwithusrestaurants.com or call 1-866-944-4839. Balances of unregistered cards can be confirmed at any time by visiting any participating Eat With Us Group point of sale. Because of possible processing delays and errors, the balance communicated to you will be subject to adjustment by us. We also reserve the right to correct the balance of your Gift Card if in our sole discretion we believe that a clerical, billing or accounting error occurred. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should review your card transactions and account balances closely. Cardholders will not be sent account statements.
- Expiration/Deactivation. Eat With Us Group Gift Cards do not expire. No inactivity, service or any other fees will be charged. However, we reserve the right to refuse to honor (and to cause participating Eat With Us Group restaurants to refuse to honor) any Gift Card in the event of a disputed credit card charge or other failure of consideration.
- Redemption. Your Gift Card is redeemable only for purchases of food, beverages and other merchandise at participating Eat With Us Group Restaurants in the United States. Purchases are deducted from the card until the balance reaches zero dollars. If the value of the card is less than the amount of the total purchase, the balance of the purchase price must be paid by other means in order to complete the purchase. If the value of the card is greater than the amount of the total purchase, the unused balance will remain on the card for future purchases.
Gift Cards may not be used to purchase additional Gift Cards; however, an unused balance from one Gift Card may be transferred to another Gift Card, and a Gift Card may be used in conjunction with other coupons or certificates. The Gift Card has no cash value and may not be redeemed for cash, except as required by law. No credit card, credit line, overdraft protection, or deposit account is associated with the Gift Card. Cards must be presented at the time of payment to either the cashier or server. Taxes are not applied on the purchase of Gifts Cards, but applicable taxes will be charged on food, beverages and other merchandise purchased with the Gift Card.
- No Refunds. No refunds are permitted or will be given with respect to Gift Cards.
- Lost, Damaged Or Stolen Gift Card. If the Gift Card is lost, damaged or stolen but has been registered, the balance remaining on the Gift Card at the time we are notified will be restored. Any amounts on the Gift Card that were used prior to notifying us will not be replaced. In order to notify us regarding a lost, damaged or stolen card that has been registered, you must call us at 1-888-222-9550 and provide us with the details we request. A new card will be forwarded to you in seven to ten business days (provided that the original card was registered). Cards that are lost, damaged or stolen but not registered will be ineligible for replacement and any associated balances will not be refunded.
- Fraud. Eat With Us Group and Eat With Us Group Restaurants will not accept a card if in their sole discretion they believe it has been obtained by fraud or theft, and Eat With Us Group reserves the right to cancel such cards. Your Gift Card is the property of Eat With Us Group and must be returned upon request.
- Limitation Of Liability. EAT WITH US GROUP, ITS AFFILIATES, FRANCHISEES AND LICENSEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EAT WITH US GROUP GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE EAT WITH US GROUP PARTIES’ SOLE, AGGREGATE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. IN THE EVENT A CARD IS NON-FUNCTIONAL, THE EAT WITH US GROUP PARTIES SHALL ONLY BE LIABLE FOR THE REPLACEMENT OF THE GIFT CARD. IF ANY OF THE EAT WITH US GROUP PARTIES IS FOUND LIABLE TO A CARD HOLDER, THE HOLDER CAN ONLY RECOVER ACTUAL AND DIRECT DAMAGES NOT EXCEEDING THE LAST BALANCE HELD ON THE REGISTERED GIFT CARD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO EAT WITH US GROUP PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. UNLESS PROHIBITED BY LAW, YOU AND EAT WITH US GROUP AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER AND ALL OTHER EAT WITH US GROUP PARTIES TO DIRECT AND ACTUAL DAMAGES AND THAT NEITHER YOU NOR ANY EAT WITH US GROUP PARTY WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER.
- Choice Of Law. The laws of the State of Mississippi, United States of America, without regard to principles of conflict of laws, apply to this Agreement and use of the Gift Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
- Changes To Agreement. EAT WITH US GROUP reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.eatwithusrestaurants.com. Use of the Gift Card after we have posted any updated terms constitutes your agreement to the updated terms. Updated terms will be effective as of the time of posting, or later as may be specified in the updated terms and will apply to each use of the Gift Card from that point forward, subject to further changes.