Table for Two Limited Edition Restaurant Boxes NY - Terms and Conditions

1. These Terms

Please read the below Terms and Conditions carefully before purchasing Table for Two from the website https://checkout.timeout.com/new-york (the “Website”). By purchasing Table for Two, you (“you”) are entering into a contract and agreeing to be bound by these Terms and Conditions. Time Out reserves the right to amend these Terms and Conditions at any time and will display the amended terms and conditions on https://www.timeout.com/USA/table-for-two-terms-and-conditions-12062018 (“the Terms”). You will be bound by the Terms that you accept at the time of your purchase on the Website. These Terms are to be read in conjunction with our Privacy Policy https://www.timeout.com/privacy-notice (“Privacy Notice”).

Each time you buy Table for Two, you are required to show your acceptance of these Terms by clicking on the button marked "I Accept". If you refuse to accept these Terms you should not order Table for Two through the Website.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION 15 BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TIME OUT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

2. About Us

The Table for Two Boxes are provided by Time Out America LLC, a company registered in Delaware with an office at 1540 Broadway, 42nd Floor, New York, NY 10036 (“Time Out/our/us/we”).

We can be contacted in respect of questions about the Table for Two Boxes at offers@timeout.com

3. The Table for Two Box

The Time Out Table for Two boxes contain ten (10) cards which will entitle the purchaser to 50% off at a selection of restaurants across New York, New York (the “Cards”), with one (1) Card per participating restaurant (“Table for Two Box”). In each of the participating restaurants (“Time Out Partner(s)”) it will be possible to use a maximum of 1 Card per table for a maximum of two (2) diners per booking at any one time.

The Cards will not be accepted by restaurants for any bookings over the maximum of two people. The discounts in respect of the Cards are provided by Time Out Partners.

You will be required to pay any applicable sales tax as per the bill provided by Time Out Partners and this will not be subject to a 50% discount. For example, if your total bill from the Time out Partner is $100.00 + sales tax of $8.00, with your 50% discount you will be required to pay $58.00. You should also pay a tip on the $100.00 amount, not the discounted amount.  For further details see section titled “General Card Terms” below.

4. Our Contract with You

We will accept your order of a Table for Two Box when you receive a payment confirmation email from us, at which point a contract will come into existence between you and us. If payment is declined, you will be notified.

By placing an order for Table for Two, you confirm that:

4.1 You are legally capable of entering into binding contracts; and

4.2 You are at least 18 years old.

Time Out’s obligation under these Terms is to issue Table for Two to you. Time Out Partners are individually responsible for supplying respective goods and/or services for their applicable Card.

Time Out disclaims any and all responsibility or liability in relation to any goods or services supplied in relation to Table for Two to the maximum extent permissible by law. Neither Time Out nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services supplied pursuant to Table for Two.

5. Term

Table for Two Box is valid from 1 July 2018 to 30 June 2019 (inclusive) (“the Validity Period”). The Validity Period will be stated on the Cards. The Table for Two Box and Cards cannot be used before or after the Validity Period.

6. Delivery

Once you place an order for a Table for Two Box and have provided Time Out with your delivery address, your physical item will be sent to you in the post to your nominated address within the time-frame advised at the time of purchase, unless you are otherwise advised, or there are any circumstance(s) beyond our control that delay delivery.

7. Price and payment

The price of the Table for Two Box is currently $79.99. The price is quoted on the Website and is subject to change from time to time. Any price changes by us will not affect orders in respect of which we have already sent you confirmation. Payment can be made by all major debit and credit cards or other methods we may agree, as detailed on the Website and there are no additional card charges payable. All prices exclude tax.

8. Third Party Payment Processing

Time Out uses the services of a third-party payment module named Paypal.com (“PayPal”) to process payments securely and limit fraud in connection with credit card transactions or other payment methods through its tokenization solution. When purchasing a Table for Two Box, you will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to PayPal. Time Out will not collect, process, keep or store your personal payment information on the Website. The PayPal solution is fully PCI-compliant because it stores a secure token as a reference to the credit card data. PayPal allows customers to store their payment information during the checkout process for future use, giving returning customers the convenience of stored credit cards and rapid checkout. For a summary of the collection and use of payment information collected by Paypal, Time Out recommends you read PayPal’s privacy policy at https://www.paypal.com/us/webapps/mpp/ua/privacy-full. Time Out shall not be liable for any actions or omissions of PayPal.

9. Refunds

9.1 EXCEPT AS SET FORTH IN 9.2 BELOW THERE ARE STRICTLY NO REFUNDS ON PURCHASES FOR ANY REASON AND ALL SALES ARE FINAL.

 

9.2 If the Table for Two Box arrives to you and is faulty or defective, we will issue you with a replacement Table for Two Box, provided that you first return the faulty or defective Table for Two Box including all Cards to us at our address of Time Out America LLC, 1540 Broadway, 42nd Floor, New York, NY 10036 (Attention: Table for Two).

10. General Card Terms

Within the Table for Two Box you will find ten (10) Cards (one for each Time Out Partner restaurant). Each Card entitles you to a 50% discount only on food for two people, excluding all drinks consumed in the selected restaurants of Time Out Partner. In each of the participating restaurants it will be possible to use a maximum of 1 Card per table for a maximum of two (2) diners per booking at any one time.

The Cards will not be accepted by Time Out Partners for any bookings over the maximum of two people.

Table for Two is not compatible with other promotions or promotional menus offered by Time Out Partners.

To be able to enjoy this discount, it is mandatory to deliver the respective restaurant card upon request of the bill. The holder of the Card will be like any client subject to the availability of spaces at the restaurants. No reference to Table for Two needs to be made when making a reservation. Cards will only be accepted if presented in perfect condition and not showing evidence of damage or duplication. In the event of non-use, theft or destruction of the Cards, you are not entitled to any refund or compensation of any nature whatsoever.

Cards are valid on all days of the week (including holidays and weekends) subject to availability at the participating restaurants.

Time Out can never be held responsible for a lack of availability or capacity at any participating Time Out Partner restaurants. The participating Time Out Partner restaurants are solely responsible for the good execution of the service. It is the exclusive responsibility of the Card holder to provide the Card to the Time Out Partner restaurants. Time Out is not responsible for any changes to the Time Out Partners including closure of any Time Out Partner’s businesses, address changes, name changes or other modifications that cannot be foreseen at the time that Table for Two goes into production. If during the Validity Period a participating Time Out Partner restaurant closes and is not able to execute the service, Time Out reserves the right to replace the closed restaurant with a similar restaurant but is not obliged to do so.

12. DISCLAIMERS

WHILE TIME OUT ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ABOUT TABLE FOR TWO MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TIME OUT MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTY WHATSOEVER WITH RESPECT TO TABLE FOR TWO, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE (C) NON-INFRINGEMENT; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. TIME OUT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION IN RELATION TO TABLE FOR TWO.

13. LIMITATION OF LIABILITY

TIME OUT PARTNERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TIME OUT. TIME OUT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH TIME OUT PARTNERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE AND PURCHASE OF TABLE FOR TWO, WHICH IS AT YOUR OWN RISK.  TO THE EXTENT PERMITTED BY ANY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), TIME OUT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE AND/OR THE PURCHASE OF TABLE FOR TWO, ANY DELAY OR INABILITY TO USE TABLE FOR TWO ADVERTISED THROUGH THE WEBSITE (INCLUDING ANY INFORMATION AVAILABLE ABOUT TABLE FOR TWO), OR OTHERWISE ARISING OUT OF THE USE OF TABLE FOR TWO, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TIME OUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TIME OUT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR PURCHASE OF TABLE FOR TWO SHALL BE LIMITED TO THE PRICE PAID FOR TABLE FOR TWO ($79.99).

You agree to defend, indemnify, and hold harmless Time Out and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of Table for Two; (ii) any breach by you of these Terms; (iii) your violation of any applicable U.S. or foreign law or the rights of any third-party, including, without limitation, any copyright, property or privacy right; and (iv) any claim that your use of Table for Two caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Table for Two. Time Out, in its sole discretion, may control the defence of any claim to which this indemnity may apply, and you shall not in any event settle any matter without the prior written consent of Time Out.

15. Dispute Resolution

15.1         Agreement to Arbitrate

You and Time Out agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Table for Two and associated services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Time Out with written notice of your desire to do so by email at legal@timeout.com or regular mail at Time Out America LLC, 1540 Broadway, 42nd Floor, New York, NY 10036 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Time Out with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you provide to Time Out in timely manner an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you provide to Time Out in a timely manner an Arbitration Opt-out Notice, you acknowledge and agree that you and Time Out are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Time Out otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

15.2         Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

15.3         Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a Demand for Arbitration form available at https://www.adr.org/aaa/faces/rules/formsearch/conform.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

15.4         Arbitration Location and Procedure

Unless you and Time Out otherwise agree, the arbitration will be conducted in the New York City. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Time Out submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

15.5         Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Time Out will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

15.6         Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Time Out will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

15.7         Changes

Notwithstanding the provisions above with regard to changes to these Terms, if Time Out changes this “Dispute Resolution” Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to legal@timeout.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Time Out’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Time Out in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

16. Service access

While we endeavor to ensure that the Website is available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

17. Registration

Each registration of an account on the Website is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

18. Visitor material and conduct

Your use of the Website must be compliant with these Terms. If you, in our sole discretion, are deemed to have been or are carrying out any of the following prohibited activities, we reserve the right to take such action as we deem necessary, which may, without limitation, include suspension or termination of your account, the revocation of any unredeemed vouchers in connection with Table for Two and preventing you from re-enrolling or joining the Website under a new account. Prohibited Activities include but are not limited to:

18.1 Posting or transmitting to or from the Website any material:

i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

ii) which violates or infringes in any way upon the rights of others; or

iii) for which you have not obtained all necessary licences and/or approvals; or

iv) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

18.2 Misusing the Website (including, without limitation, by hacking) by:

i) creating multiple accounts under your name, any aliases or using accounts as may have been created by other individuals however which, in the sole determination of Time Out, are being managed by you; or

ii) using the Website, any user account, or any content on it for any other commercial purpose, including to compete directly or indirectly with Time Out; or

iii) using the Website, or any user account, to purchase Table for Two for resale, financial speculation, exceeding quantity limits for purchasing Table for Two or for any other reason, fraudulent or otherwise, unless expressly permitted under the terms of these Terms; or

iv) using the Website to solicit, advertise to or contact end-users to become users of any other services provided by or through you which would be directly, indirectly or potentially competitive with Time Out;

v) accessing or selling your access to the Website, to repurpose for any reason, Table for Two

vi) fraudulently reprinting, copying, reproducing or distributing any vouchers in relation to Table for Two.

18.3 Inputting invalid or incomplete details for the purchase of Table for Two or creation of user accounts (including without limitation name, address, phone number).

18.4 Misusing Table for Two (including without limitation by):

1. not presenting a valid Table for Two Card when attempting to redeem at a participating Time Out Partner;

1. engaging in fraud including but not limited to fraudulently reprinting, copying, reproducing or distributing Table for Two;

• attempting to sell or re-distribute Table for Two;

18.5        have failed in any way to otherwise comply with these terms and conditions as determined by or Time Out in its sole discretion.

19. Links to and from other websites

We may provide links on the Website to the websites of other companies, whether affiliated with us or not (“Third Party Websites”). Links to Third Party Websites are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of the Third Party Websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Websites linked to the Website, you do so entirely at your own risk.

We do not give any undertaking that products you purchase from Third Party Websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third-party sellers, Third Party Websites and/or the Merchant.

20. Privacy

Please see Time Out’s Privacy Policy https://www.timeout.com/privacy-notice for a summary of Time Out’s practices regarding the collection and use of personal information. We may update the Privacy Notice from time to time in our sole discretion and post an updated version of the notice at the website address provided above.  Your continued use of this Website after any changes to the Privacy Notice means you accept the changes.

Time Out will collect details that are required for fulfilment of Table for Two and will provide these details to our third party provider(s) who will deliver the Table for Two Box to you.

21. Force Majeure

Time Out shall be excused from performance under these Terms to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from a cause beyond Time Out’s control including, but not limited to, closure of Time Out Partners,  failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.

22. Questions and Complaints

All questions and any complaints should be directed to offers@timeout.com . We will attempt to respond to your correspondence within 3 working days.

23. Governing Law

These Terms will be construed and enforced in accordance with the laws of the State of New York without respect to its conflict of laws principles.

24. Waiver

Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Time Out of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

25. Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

26. Relationship

No joint venture, partnership, employment, or agency relationship exists between a User and Time Out as a result of this Agreement.

27. Entire Agreement

These Terms together with the Privacy Policy https://www.timeout.com/privacy-notice  which is hereby incorporated as if set forth fully herein, represent the entire agreement between the User and Time Out with respect to purchases of Table for Two supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and Time Out with respect to purchase of Table for Two. Any rights not expressly granted herein are expressly reserved.

28. How to Contact Us

Time out America LLC, 1540 Broadway, 42nd Floor, 
New York, New York 10036 or by email at legal@timeout.com.