inKind Capital may, in its sole discretion, verify a user's identity prior to processing a purchase. inKind Capital may also refuse to process a purchase, may cancel a purchase, 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 Sale. Refunds for cancelled orders may be issued where appropriate.
If an offer becomes unavailable between ordering and processing, inKind Capital will either cancel or not process the order and will notify you by email.
inKind Capital does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. inKind Capital 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, inKind Capital will attempt to notify you by email. In addition, inKind Capital reserves the right, in its sole discretion, to correct any error in the stated retail price of the Gift Cards.
inKind Capital has a process for evaluating Merchants but does not fully investigate or vet Merchants. inKind Capital is not responsible for any claims associated with any issues with Gift Card redemptions. You should make whatever investigation you deem necessary or appropriate before purchasing any Gift Card to determine whether Merchant is qualified to provide the advertised good. Merchant is solely responsible for the care and quality of the goods and services being provided. (b) Gift Cards
Gift Cards are electronic credit certificates for specified dollar amounts that may be used to purchase items or services sold by a particular merchant (the "Merchant"), and shall be treated the same by the Merchant as any physical gift cards or other electronic gift cards that the Merchant may from time to time sell.
Gift Cards combine two separate portions: (i) a paid portion equal to the amount you paid for the Gift Card (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Gift Card if used by the promotional expiration date detailed upon purchase of the Gift Card (the "Promotional Portion"). The Paid Portion will never expire.
Gift Cards may be redeemed over several visits to the Merchant's business (the "Merchant's Business"
- Gift Cards are not redeemable for cash.
- Use of a Gift Card for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
- Gift Cards cannot be combined with any other coupons or promotions, unless expressly permitted by the Merchant.
- Gift Cards cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
- Duplicate use of Gift Cards is prohibited.
- Unless otherwise stated therein, the Gift Cards price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift Card.
Gift Cards are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified by the Gift Card. The Merchant is the issuer of the Gift Card and is solely responsible for redeeming the Gift Card for items or services sold by the Merchant. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Gift Card or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. Unless otherwise indicated, inKind Capital is solely the marketer of the Merchant's goods or services, and may from time to time engage third parties or affiliates to administer Gift Card management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release inKind Capital 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 Gift Card or the products and/or services it provides in connection with it.
The Merchant is the sole issuer of the Gift Cards. Gift Cards are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Gift Cards is prohibited. Pricing relating to certain Gift Cards on inkindcapital.com may change at any time in inKind Capital's discretion, without notice.