Terms of Sale

Last Updated February 23, 2023

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

(a) In General

Descriptions of the Merchant Offerings and Products advertised on the Site are provided by Hownd, the Merchant, or other referenced third parties. Hownd does not investigate or vet Merchants. Unless provided by Hownd, Hownd 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 atHownd’s sole discretion without notice.

Hownd or a Merchant may advertise goods, services or experiences on the Site, or with respect to Products, supply products that require Merchant to have an up-to-date regulatory authorization, license, or certification. Hownd 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 or redeeming any Merchant Offering or Product 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 or the care and quality of the Products.

Hownd 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.

Hownd may, in its sole discretion, verify a user’s identity prior to processing a purchase. Hownd may also refuse to process a purchase, may cancel a purchase, or may limit quantities 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, Hownd will either cancel or not process the order and will notify you.

Hownd does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Hownd 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, Hownd may attempt to notify you by email or the Site. In addition, Hownd reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.  Your sole remedy for any typos or other errors in promo descriptions or receipts is to receive a refund of your purchase.  

(b) Merchant Offerings

(i) Vouchers

Vouchers are distributed by either Hownd or its affiliates and are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. Any service fee retained by Hownd from the sale of a Merchant Voucher is compensation to Hownd for marketing, promoting, advertising, and distributing the Merchant Voucher on behalf of the Merchant. 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 Hownd 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 “fine print” regardless of how labeled), the Terms of Service and these Terms of Sale. These rules apply to all Vouchers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print 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 Hownd’s discretion, without notice.

• Additional terms applicable to traditional Vouchers. A traditional Voucher is any Voucher other than a Coupon, ticket, a Local Pick-Up Voucher (described below), or a Voucher redeemable for ticketed events (e.g., ticketed event vouchers). A traditional Voucher has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $20 for a Voucher that entitles you to $50 of goods, services, or experiences from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded) and the promotional value is $30 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Vouchers are not reloadable, meaning that the amount paid of the Voucher cannot be increased, but are fully transferable.
• Additional terms for Tickets and Admission Vouchers.
• Tickets and Admission Vouchers. Some Vouchers are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue (collectively, “Tickets and Admission Vouchers”) and have no value once the event date and time has passed. Tickets and Admission Vouchers are final sale and non-refundable. Tickets and Admission Vouchers do not include any applicable gratuity. Unless a specific exception is made, Tickets and Admission Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Tickets and Admission Vouchers obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so are void.
• Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission and ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Tickets and Admission Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Hownd, the venue, the issuer of the Tickets and Admission Vouchers, and all of their respective affiliates, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase Tickets and Admission Vouchers. You agree that any event for which you purchase Tickets and Admission Vouchers is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regard to your actions or conduct at the event.
  

(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 Hownd from the sale of a Coupon, if applicable, is compensation to Hownd 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. Hownd does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. Hownd is not a party to any transaction that the Merchant and you may enter into as a result of you claiming 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 Hownd from the sale of a Merchant Gift Card is compensation to Hownd 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. Hownd does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Hownd 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.  Hownd is not responsible for refunds if a merchant ceases operations: It is the merchant owner and/or their successors that are liable for providing you with any available refund, as the merchant, when they were operating, already received payment from you.

(iv) Bookings

Through the Site, certain Merchants allow you to book appointments for events and services on a specific date and time, and most allow you to also pay for those events and services through the Site. Any restrictions regarding availability of appointments will vary by Merchant and will be stated on the Merchant’s page. Unless disclosed on the Merchant’s page, any charges for the events and services booked through the Site, applicable sales taxes, and applicable gratuity will be charged after the appointment. The booking of your appointment is not complete until you receive confirmation from the Merchant that your appointment is confirmed. If you do not cancel a confirmed appointment before the Merchant’s cancellation deadline, you will be charged the cancellation fee specified by the Merchant and disclosed on the Merchant’s page. The Merchant is solely responsible for all availability and all events and services provided on and/or through the Site.

(v) Subscriptions

Through the Site, Hownd or certain Merchants may offer paid recurring Subscriptions for memberships that provide extra functionality, access to additional promos, or other benefits. These Subscriptions may be offered in a recurring monthly and/or other time period basis. Unless otherwise stated, you may cancel a Subscription at any time to avoid paying for membership in the next time period.  There are no refunds on already-paid Subscriptions.  We welcome feedback about any issues redeeming benefits associated with Subscriptions but Hownd is not responsible for merchants who do not honor stated benefits.  Your sole remedy is to cancel your Subscription in order to not be charged in the next time period.  The Merchant is solely responsible for all availability and all events and services provided on and/or through the Site.