All vouchers printed from the dealoftheday.yellowpages.com website or any other website associated with our deals are promotional vouchers that may be purchased from participating merchants (“Merchants”) through YELLOWPAGES.COM ("YELLOWPAGES.COM", "YP.com", "Yellow Pages", "we", "us" or "our") to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a voucher from a Merchant through YELLOWPAGES.COM, you make an offer to purchase the vouchers you have selected on the terms and conditions stated below, which supplement the Terms of Service and Use Agreement of YELLOWPAGES.COM (TOS) located at http://yp.com/about/legal/terms-conditions, which is incorporated by reference.
The voucher you purchase is redeemable for goods or services by the Merchant. The Merchant, not YELLOWPAGES.COM, is the seller of the voucher and the goods and services and is solely responsible for redeeming any voucher you purchase.
1. TERMS AND CONDITIONS FOR RESTAURANT-SPECIFIC VOUCHERS
1.1 “Restaurant” shall be defined as a 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 vouchers.
1.2 Redemption frequency is determined by Restaurants, and shall be contained in the voucher offer.
1.3 Use of vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law.
1.4 Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
1.5 Valid for dine in only unless otherwise stated.
2. TERMS AND CONDITIONS FOR NON-RESTAURANT MERCHANT VOUCHERS
2.1 Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
3. ADDITIONAL TERMS AND CONDITIONS FOR ALL VOUCHERS
3.1 Minimum Number of Purchasers
3.1.1 Merchant’s obligations with respect to any voucher may be contingent upon selling the Voucher to a minimum number of purchasers within a certain period of time. In the event the minimum number of purchases are not made within the required time period, the Voucher offer is void, and you will not be charged.
3.2 Vouchers subject to terms and conditions.
3.2.1 All vouchers shall be subject to the terms and conditions of YELLOWPAGES.COM and the participating Merchant, to the extent they are not inconsistent with these terms and conditions. The Merchant is the seller of the goods or services which you are purchasing.
3.3 Third party payment processor.
3.3.1 YELLOWPAGES.COM may utilize a vendor (for example, Demand Chain, Inc.) to manage credit-card processing. When you purchase your voucher, you will be asked to input information, such as your credit card number, name, address, and telephone number, that is necessary to process payment for the voucher. You agree that this information may be shared with a third-party vendor for the purpose of processing the credit card purchase transaction. You further agree that to the extent this provision is inconsistent with the YELLOWPAGES.COM Terms of Service and Use Agreement, this provision alone shall control.
3.4 Merchant responsibility.
3.4.1 The holder and issuer of any voucher is the Merchant. As a holder and issuer of the voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed vouchers or portions thereof. YELLOWPAGES.COM does not control any Merchant.
3.4.2 You waive, and release YELLOWPAGES.COM and its affiliates, officers, directors, employees, agents, successors and assigns from any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the vouchers or any portion thereof.
3.5.1 Eligibility requirements are determined solely by Merchants, and shall be contained in the voucher offer.
3.6.1 Limit one (1) voucher per redemption. Only one voucher can be used per order unless otherwise specified by Merchant.
3.6.2 Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions.
3.6.3 Vouchers are only valid for one-time use. Vouchers are redeemable only in their entirety and may not be redeemed incrementally.
3.6.4 Neither YELLOWPAGES.COM nor the Merchant is responsible for lost or stolen vouchers or voucher reference numbers.
3.6.5 Reproduction, sale or trade of a voucher is prohibited unless done in compliance with applicable law.
3.6.6 Any attempted redemption of a voucher not consistent with these terms & conditions will render the voucher void.
3.6.7 Vouchers are void to the extent prohibited by law.
3.6.8 Vouchers may have specific terms, which will be presented to you at the time you commit to purchase the voucher. These voucher-specific terms supersede any inconsistent terms in this agreement, except to the extent such terms are prohibited by applicable law.
3.6.9 Unless otherwise stated at the time a voucher is purchased, the voucher 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 voucher.
3.6.10 Unless otherwise stated at the time a voucher is purchased, vouchers do not include any gratuity. Please remember to tip on the full amount of your purchase (i.e., the price before the voucher discount is applied).
3.7.1 From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase vouchers or to encourage you to get others to do so. The applicable rules will be posted in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation. We may offer credits toward the purchase of vouchers in exchange for subscribing to the deals email list (subscription credits), encouraging others to purchase a voucher (referral credits), or for other reasons. The terms applicable to such credits will be posted in or near the offer of credits.
3.8 Geographic limitations.
3.8.1 The Deals website can be accessed from countries around the world. You understand that some or all products or services may not be available for purchase to persons residing in certain jurisdictions or geographic areas. YELLOWPAGES.COM reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a voucher for any product or service to a person residing in any jurisdiction or geographical area. YELLOWPAGES.COM does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
3.9 Limits on number of vouchers per purchaser.
3.9.1 Some of the vouchers are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular voucher terms. Any attempt by a purchaser to obtain more than the permitted number of vouchers by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. YELLOWPAGES.COM will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
3.10 Expiration date.
3.10.1 The expiration date for a voucher is as printed on the voucher.
3.10.2 Vouchers contain both a paid value and a promotional value. For example, if you pay $20 for $50 worth of services, the voucher has a paid value of $20, and a promotional value equal to the difference between the face value ($50) and the paid value (i.e., $30). If the expiration of the paid value of the voucher as of the date printed on the voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the voucher shall expire as follows: the promotional portion of the voucher will expire on the date printed on the voucher, and the paid portion of the voucher will expire five (5) years from the date the voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the voucher may be redeemed.
3.10.3 The Merchant is obligated to honor the voucher in compliance with law. If the Merchant refuses to honor the voucher before the legally permitted expiration date, then YELLOWPAGES.COM will refund the paid portion of your voucher in the form of a credit for future vouchers. In order to receive the credit, you must provide the following information to us at : (a) identification of the voucher and Merchant with whom you sought to redeem the voucher, (b) a statement of the date, time, and circumstances in which the Merchant refused to redeem the voucher, and (c) a statement, under penalty of perjury, that the voucher has never been redeemed with the Merchant.
3.11.1 The issuing of credit is at the sole discretion of the Merchant unless otherwise required by applicable law.
3.12 Cash value.
3.12.1 Unless otherwise required by applicable law, vouchers have no cash value.
3.12.2 Unless otherwise required by applicable law, no credit or cash-back will be issued for unused portions of Vouchers.
3.13 Warranty Disclaimer.
3.13.1 YELLOWPAGES.COM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER CONCERNING ANY PRODUCTS OR SERVICES ADVERTISED OR SOLD BY MERCHANT (INCLUDING, WITHOUT LIMITATION, THE QUALITY, SAFETY OR LEGALITY OF SUCH PRODUCTS OR SERVICES OR THE SALE THEREOF), OR ANY OFFERS, DEALS, VOUCHERS OR OTHER PROMOTIONAL MATERIALS OR REPRESENTATIONS ACCESSIBLE THROUGH THE USE OF THE DEALOFTHEDAY.YELLOWPAGES.COM WEBSITE. ANY COMMERCIAL, SALES, USE, MEMBERSHIP, SUBSCRIPTION, AFFILIATION, PARTICIPATION, AND PROMOTIONAL RELATIONSHIP MERCHANT MAY CREATE WITH YOU, INCLUDING OBLIGATIONS UNDERTAKEN BY MERCHANT WITH RESPECT TO DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, AND WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN MERCHANT AND YOU.
3.14 Legal disputes.
3.14.1 Any action or proceeding brought by you under or relating to this agreement shall be brought in a state or federal court located in New York County, New York. This agreement will be governed by and construed in accordance with the laws of the state of New York without regard to conflicts of law principles. Any claim against YELLOWPAGES.COM arising from this agreement shall be adjudicated on an individual basis, and shall not be prosecuted as a class action or consolidated in any proceeding with any claim or controversy by any other party.
3.15 Refunds and Exchanges.
Before placing an order for a voucher, carefully review your selection. You are able to cancel your order at any time before your credit card is charged. If the deal requires a minimum number of purchasers and that minimum number is not met, the offer to sell the voucher is void and your credit card will not be charged. However, if the deal does not require a minimum number of purchasers or the minimum number has been reached, your voucher purchase transaction will be completed and cannot be returned or refunded. YELLOWPAGES.COM cannot offer refunds or exchanges once your credit card has been charged. Once you have purchased a voucher, you agree not to dispute or otherwise seek a “chargeback” from the company whose credit card you used.